9911796707
TMI Blog1983 (11) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... s paid as advance tax on 15-3-1979. On the same day, it was, however, felt that a further sum would be payable by the assessee by way of advance tax. So on the same date, i. e., 15-3-1979, a further sum of Rs. 6,93,000 was paid as advance tax through the challan prescribed for payment of advance tax. No revised estimate of advance tax was, however, filed by the assessee on or after 15-3-1979. 3. The assessment for the assessment year 1979-80 was completed by the ITO on 27-2-1982 on a total income of Rs. 84,97,930. The assessment order merely directed that credit be given for the advance tax paid. In the demand notice, however, the sum of Rs. 48,51,000 alone was treated as advance tax paid and it is on this amount that interest under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee under section 209A. In this connection, it was further submitted that if the assessee after payment of the sum of Rs. 48,51,000 as advance tax felt that some more sum was required to be paid by way of advance tax, it was imperative for it to have filed a revised estimate of advance tax under section 209A(5), and thereafter it should have paid the balance of advance tax. It was, thus, contended that the amount of Rs. 6,93,000 does not qualify for payment of interest under section 214. The learned departmental representative has cited before us a decision of the Tribunal Calcutta, Bench 'B', dated 22-1-1982, in IT Appeal No. 2076 (Cal.) of 1980 for the assessment year 1974-75, in the case of Kalidas Mullick, at page 50 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h they are payable under sections 207 to 213 of the Act exceeds the amount of tax determined on regular assessment, from the 1st day of April next following the said financial year to the date of regular assessment . . . .'. It will, thus, be seen that it is only the payment of advance tax under sections 207 to 213 which qualifies for the payment of interest to the assessee under section 214. It is an indisputable fact that the assessee, in lieu of a statement of advance tax payable by it, filed an estimate of the current income and the advance tax payable by it under sub-section (2) of section 209A. The estimate was filed on 15-3-1979 and on the same date in accordance with the estimate, the sum of Rs. 48,51,000 was paid as advance tax. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by him on or before any one of the dates specified in section 211. Here, it would also be worthwhile to refer to the provisions of section 218 which, inter alia, says that if an assessee does not pay any instalment of advance tax in accordance with a statement or an estimate of advance tax or a revised estimate, he shall be deemed to be an assessee in default in respect of such instalment or instalments. The law, thus, insists on payment of advance tax in accordance with the statement or estimate of advance tax filed by an assessee. So, the payment made as advance tax has to be in accordance with the statement or estimate of advance tax filed under section 209A. If a payment does not accord with or conform to an estimate of advance tax, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atement or estimate of advance tax is a condition precedent for payment of advance tax under section 209A. Advance tax in this case became payable only on the basis of the estimate filed by the assessee in Form No. 29 on 15-3-1979. According to this estimate, advance tax payable was Rs. 48,51,000 which was duly paid by the assessee on the same date. As no revised estimate was filed, it cannot be said that a further sum of Rs. 6,93,000 became payable as advance tax and that this payment amounted to payment of advance tax under section 209A. In the case of the assessee, the tax payable in advance was the one which was in accordance with the estimate filed by it under section 209A. So keeping in view the definition of advance tax as given unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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