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6. The petitioner filed a revision against exhibit P-1 order before the Commissioner and the Commissioner, by exhibit P-3 order, modified exhibit P-l order. Based on the said modified order, the assessing authority passed exhibit P-4 consequential order.

7. It can be seen from exhibits P-1, P-3 and P-4 that the assessee has been consistently contending that he, in addition to Section 244(1 A) interest, was also entitled to get interest on the amount of money retained by the Income-tax Officer after seizure, from the date of seizure, namely, March 18, 1980, till the date of payment. In other words, the case of the assessee all through was that he was entitled to get interest both under Section 132B(4) and Section 244(1A).

8. That the authorities concerned have awarded interest only under Section 244(1A) while denying interest under Section 132B(4) is beyond dispute.

9. Learned counsel for the petitioner argues that, in view of the order of the appellate authority directing deletion of the additions made by the assessing authority while making the regular assessment for the year in question, the petitioner is entitled to get interest under Section 132B(4) on the amount of money retained by the assessing authority under cover of the summary order under Section 132(5). This claim for interest is in addition to the interest he is entitled to get under Section 244(1A). In other words, it is submitted that the petitioner is entitled to get interest both under Sections 132B(4) and 244(1A) on the amount in dispute from March 18, 1980, the date of seizure, till the date of refund. The orders of the authorities concerned to the extent to which they decline to award interest under Section 132B(4) are liable to be set aside, counsel submits. Learned counsel for the Revenue, on the other hand, contends that the assessee is entitled to get interest only under Section 244(1 A) and that too only from the date of the order of the assessing authority giving effect to the order of the appellate authority. The claim for interest under Section 132B(4), on the facts of the case, cannot be granted. It is all the more so because the retention of the amount cannot be said to be without the authority of law.

13. This sub-section provides that an assessee is entitled to interest on the amount directed to be refunded. It is clear from this section that the interest, the Central Government is liable to pay under this section is the interest on the excess amount the assessee paid as tax or penalty on the basis of the order of assessment or order levying penalty which, as the case may be, was later modified or altered by the authorities higher up in the hierarchy of tribunals. The situation warranting payment of this interest is different from the situation justifying payment of interest under Section 132B(4). A comparative study of these two sections would make it clear that, in order to claim interest under Section 244(1A), the assessee should establish that he paid the tax pursuant to the demand raised on an assessment or paid the penalty in terms of an order levying penalty. But so far as the claim for interest under Section 132B(4) is concerned, the said interest could be claimed only on the assessee establishing that the amount retained by the authority pursuant to the order under Section 132(5) was found not liable to be treated as income and hence not liable to be taxed and, therefore, the Department is bound to refund the same. In other words, the interest, the Central Government is liable to pay under Section 132B(4) is on the amount retained by the authority on the basis of a summary order passed under Section 132(5) and the question of paying tax does not arise. The money retained is adjusted against the liability which will be fastened on the assessee on making an assessment or reassessment within the meaning of Clause (i) of Sub-section (1) of Section 132B. It, therefore, follows that the Central Government is not liable to pay interest under Section 244(1A) on the amount of money the Department retained on the basis of the order under Sub-section (5) of Section 132 and later ordered to be refunded.

14. In the light of what is stated above, the assessee here has no right to get interest under Section 244(1A). Learned counsel for the assessee, however, submitted that the order directing payment of interest under Section 244(1A) has become final and, therefore, no direction to modify the order can be issued. He is well-founded in this submission. Whether the orders directing payment of interest under Section 244(1A) can be modified or altered otherwise is a matter, if so advised, the taxing authorities can consider provided law permits the same. That question, therefore, is left open.