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TMI Blog1987 (6) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... lowance of interest u/s. 244(1A) of the Income-tax Act, 1961. It is opposed by the department. 2. For the assessment year 1981-82 the ITO assessed the total income of the assessee at Rs. 22,72,530. On this amount the ITO calculated the tax payable as follows : I.T. @ 60per cent Rs. 13,63,518 S.C. @ 71/2per cent Rs. 1,02,264 Rs. 14,65,782 Less :Tax paid in advance Rs. 11,50,000 . Tax pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s assessment for fresh consideration before the ITO after going through the evidences as would be produced before him. The other grounds taken in respect of charging of interest u/s. 216 may also be looked into at the time of the hearing before him. 4. In the result, the assessment is set aside for making the fresh assessment and for statistical purposes this should be treated as allowed." 3. Af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ". This order was challenged in appeal in which certain other objections were taken, The CIT(A) was of the opinion that " the ITO is correct in refusing the claim of the appellant in this connection as this was a case of partial setting aside of the original order of assessment ". As such he confirmed the order of the ITO. Being aggrieved, the assessee preferred the present appeal. 5. The author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade in compliance of an appellate order. 6. We have carefully considered the rival submissions and examined the decision relied upon by the authorised representative for the assessee. Before proceeding further it has to be stated that the department does not any longer rely on the reason given by the ITO (i.e. " this is not a case of simple reduction of demand as a result of appeal effect but a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be in excess of the amount due. So, in our opinion, all the conditions in the said sub-section were fulfilled. It may be mentioned that it has been found by the ITO in this assessment u/s. 251 and is also not disputed by the department that this amount of Rs. 1,22,148 was paid in excess of the amount due. So, in our opinion, the assessee is entitled to simple interest on this amount of Rs. 1,22,1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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