Income Tax Appellate Tribunal - Madras
Ito vs Kothari Textiles Ltd. on 1 January, 1800
Equivalent citations: (1981)11TTJ(MAD)156
ORDER
, ADMISSIBILITY--Interest under section 214. Ratio :
Where assessee challenged the quantum of interest under section 214, the same was appealable as it had direct bearing on the computation of income.
Held :
The assessee in effect was challenging the computation of total income which definitely affected the interest payable to him under section 214. Apart from this the assessee was in fact saying that he had paid more advance tax than was necessary and was, therefore, impliedly challenging the quantum of advance tax liability which had a direct bearing on the computation of the total income. In view of the above the issue was appealable and, therefore, the Appellate Assistant Commissioner was wrong in not admitting this point as appealable.
Application :
Section 214 is inoperative now.
Income Tax Act 1961 s.214 Income Tax Act 1961 s.246 Appeal--MAINTAINABILITY OF APPEAL AGAINST--Interest under s. 214.
Ratio :
Where assessing officer did not allow interest on refund of advance-tax received by the assessee on regular assessment, appeal thereagainst was maintainable.
Held :
The assessee was aggrieved against the amount of tax determined which included the non-payment of interest on the refund and therefore the appeal against such order was maintainable.
Application :
Section 214 is inoperative now.
Income Tax Act 1961 s.214 Income Tax Act 1961 s.246