9911796707
TMI Blog1980 (2) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... be restored. 2. The facts briefly stated are that the original assessment in this case was completed on 31st Jan., 1971 when the tax as per assessment was determined at Rs. 10,65,666 and on the completion of the assessment, the assessee was allowed interest under s. 214 of the IT Act, 1961, for the period from 1st April, 1969 to 31st Jan., 1971. This amount worked out to Rs. 3,623. The assessee being not satisfied with the assessment framed by the ITO, preferred appeals to the AAC of IT as also with the Tribunal. The assessee having got some relief, the tax on the finally determined total income worked out to Rs. 10,00,080. The assessee prayed for enhancing the amount of interest payable to the assessee under s. 214 of the Act, on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntext of these, the ld. Deptl. Representative contended that the appellate order passed by the appellate authorities having merged with the original assessment order, s. 154 of the Act did not apply on the facts of the assessee's case, and accordingly, the CIT in granting relief to the assessee has not only mis-conceived the facts of the case but also misdirected himself in law. Shri Balasubramanian further contended that the facts of the assessee's case were covered under chapter XIX of the Act, which chapter deals with refund and accordingly the interest should be allowed to the assessee only under the authority of s. 244 of the Act, if and when applicable. 4. On his part, Shri R.K. Mahto, learned counsel for the assessee, relied upon, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel for the assessee. 6. The ITO has made an order which he has termed as `revised assessment' order under s. 250/254. The said order is dt. 18th April, 1974 and reads as under. "Revised Assessment Order Under s. 250/254 18th April, 1974 Name : The Bank of Tokyo Ltd. GIR No. 11-000-OY-6373 Asst. yr. 1969-70 The assessment in this case has been reducted by the Order No. 418-42 (Cal) of 1972-73 dt. 31st May, 1973 of the Tribunal `F' Bench, Calcutta Revised total income as under: Income before deduction . Rs. under s. 37(2) as per order dt. 28th April, 72 . 12,78,963 Less: Relief allowed by . . Tribunal . 9,452 Property Tax. . 12,69,511 Less: Deduction under s. 37(2A) . . on Rs. 10,00,000 @ 1/2 per cent 5,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the rate of 9 per cent for the period 1-4-1969 to 31-1-1971 Rs. 19,102 Less: Refunded vide order dt. 31-1-71 Rs. 3,623 Balance refundable Rs. 15,479 Kindly issue the necessary refund orders at the earliest." 7. The IAC refused to grant enhanced interest payable to the assessee under s. 214 of the Act on the ground that the interest has been rightly calculated, since s. 214 of the Act provided for a reduction of the interest if the excess becomes less in a revised order. He further reasoned that the section did not provide for any increase in the interest if the excess payment becomes more on account of any reduction of tax liability in appeal. 8. In appeal, the CIT(A) granted relief to the assessee in view of the reported judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion has been used, regular assessment under s. 214 would include in the particular facts and circumstance of the case an assessment made by the ITO pursuant to the direction of the AAC. 9. The facts in dispute before his Lordship of the Calcutta High Court were exactly the same as are before us in the present appeal by the Revenue. We cannot add usefully anything to the above findings of his Lordship which findings have been given on exactly similar facts, as such, we do not only apply the ratio but also apply the exact decision on the facts of the assessee's case and accordingly, do uphold the impugned order of the CIT(A). 10. For completeness and caution we would like to place on record that in the face of this decision of the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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