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Y.R.MEENA, I.S.NIGAM
INSPECTING ASSISTANT COMMISSIONER – Appellant
Versus
LUBRIZOL INDIA LTD. – Respondent


Advocates Appeared:
Tej Prakash,B.N Pardiwalla

ORDER

Per Shri I.S. Nigam, Accountant Member - This is an appeal filed by the revenue against the order of the Commissioner (Appeals).

2. The assessee is a limited company. It paid advance tax by cheques drawn on the local banks at the counter opened in the Aayakar Bhavan for this purpose. The dates on which the cheques were tendered at the

counter, the dates of the encashment of the cheques and the amount in respect of the three instalments were as follows:

Due date
Date of tender
Date of
Amount
of install-
of cheque at
encash-
Rs.
ment
the counter
ment of
 
 
 
cheque
 
15-9-1975
13-9-1975
25-9-1975
18,44,215
15-12-1975
12-12-1975
22-12-1975
18,44,215
15-3-1976
12-3-1976
19-3-1976
99,98,320

The IAC while completing the assessment did not allow interest on the excess advance tax paid. The assessee-company, therefore, moved an application for rectification of the assessment requesting the IAC to allow interest on the excess advance tax paid. The IAC, however, by order under section 154 of the Income-tax Act, 1961 (‘the Act’) held that since the advance tax instalments were paid on dates subs

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