Gokal Chand Mital, J.

1. For the assessment year 1973-74, the Income-tax Officer completed the assessment on January 27, 1977. The assessee had paid advance tax before March 31, 1975, and the advance tax was adjusted against the liability created by the aforesaid assessment order. On the assessees appeal, the tax liability was reduced and the excess amount was refunded. The assessee claimed that the Income-tax Officer should have allowed interest on the refunded amount under Section 244(1A) of the Income-tax Act, 1961 (hereinafter called "the Act"), from the date the advance tax was adjusted pursuant to the assessment order till the date of refund. The Income-tax Officer declined the request but on appeal, the Commissioner of Income-tax (Appeals) granted the prayer which was affirmed by the Income-tax Appellate Tribunal, Amritsar, and at the instance of the Revenue, the following two questions have been referred for the opinion of this court:

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the provisions of Section 154 of the Income-tax Act, 1961, were applicable to this case ?

2. Whether, on the facts and in the circum