9911796707
TMI Blog1982 (2) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... timating the income at Rs. 4,00,000 and tax payable thereon at Rs. 2,31,000. The assessee, however, paid advance taxes as under : Date of payment Amount of tax 20-9-1973 Rs. 17,532 24-12-1973 Rs. 19,500 21-3-1974 Rs. 1,82,368 --------------------------- Total Rs. 2,20,000 (sic) --------------------------- The assessee filed a return of income on 14-10-1974 declaring an income of Rs. 3,84,485. The tax payable thereon amounted to Rs. 2,31,726. The assessment was made on an income of Rs. 4,69,923 and the tax liability was finally determined, without adjustment of advance tax at Rs. 2,85,549. As, in the opinion of the ITO, the assessee had not complied with the provisions of section 212(3A) of the Act, he initiated proceedings f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eded to argue that though the estimate was admittedly delayed, it was nonetheless an estimate. According to him, under section 273(c), what was punishable was failure to furnish an estimate, i.e., non-submission of an estimate. The belated submission of the estimate was not punishable. In this connection, he invited our attention to the observations of the learned Judges of the Gujarat High Court in the case of CIT v. Kohinoor Flour Mills [1975] 99 ITR 54 to the effect that, belated payment of tax was, nonetheless, payment of advance tax. Hence, in this connection, reference was made to another Gujarat High Court decision, in the case of Bharat Textile Works v. ITO [1978] 114 ITR 28 and one more Gujarat High Court decision, in the case of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lied upon by the learned counsel for the assessee. 5. Dealing with the objection, on behalf of the revenue, as to the maintainability of the appeal before the Commissioner (Appeals), the learned counsel for the assessee has referred to the Andhra Pradesh High Court decision, in the case of Sri Seetha Mahalakshmi Rice Groundnut Oil Mill Contractors Co. v. CIT [1979] 2 Taxman 219. According to the learned counsel, proceedings under section 273A and section 246 are totally independent proceedings and one is not affected by the other. The assessee had the freedom to seek relief under either of the two provisions at its will. 6. We have carefully considered the facts and circumstances of the case. There is no dispute as to the facts. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ltimate tax liability of the assessee. For that purpose, having treated the belated payment of tax as an advance tax, the revenue authorities could not treat the same tax as not being advance tax for the purpose of levy of interest under sections 215 and 217 of the Act. In the first place, there is no decision of any High Court or even any Bench of the Tribunal in support of the assessee's case that belated estimate was nonetheless an estimate. Further, from the conduct of the ITO in the instant case, we find that at no stage of the proceedings has he treated the belated estimate as an estimate. In fact, he had not taken any note of it. In the circumstances, even on a parity of reasoning, the Gujarat High Court and the Bombay High Court dec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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