Y.R.MEENA, I.S.NIGAM
INSPECTING ASSISTANT COMMISSIONER – Appellant
Versus
LUBRIZOL INDIA LTD. – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.