SANJIV KHANNA,J: (ORAL)

By order dated 17th August, 2011 the following substantial questions of law were framed :

“1. Whether the learned Tribunal had erred in interpretation of the letter dated 04.11.2004 issued by the Principal and consequently upholding the interest charged by Assessing Officer under Section 234C amounting to Rs.4,17,074.00? 2. Whether the payment of installment is based upon the intimation dated 04.11.2004 given by the principal about earning of commission is a matter of deliberation and debate?”

2. The appellant is a company and the assessment year in question is 2004-05. During the said assessment year the appellant had paid advance tax as per the details given below : “Advance Tax Date Advance tax paid 12.06.2004 4,75,000.00 12.06.2004 75,000.00 14.09.2004 6,00,000.00 14.12.2004 1,25,00,000.00 15.12.2004 23,00,000.00 15.03.2005 50,00,000.00 31.03.2005 25,00,000.00”

3. It is noticeable that the assessee had paid advance tax of Rs.1,25,00,000/- on 14.12.2004. The contention raised by the appellant is that vide letter dated 4.11.2004, it was informed by their Principal, Amway India Enterprises Ltd., that they were entitled to additional incentive of Rs.6