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Garden Silk Mills Ltd. vs Dy Commissioner Of Income Tax ... on 30 November, 2005

13. This Court has, in the case of Life Bond Fabrics Pvt. Ltd. (supra), held that unless the payment of advance tax is made in the manner provided for in the Act, it cannot be deemed that advance tax payment has been made. That, in order to recognize payments of tax as advance tax, it is necessary that the said tax must be paid in the financial year immediately preceding the assessment year and it must be paid in accordance with the provisions of Sections 207 to 213 of the Act. In the present case, it is an admitted position that the amount of Rs. 54,00,000/- on which the interest is claimed has been paid after the relevant financial year, hence, the same is not in the nature of advance tax as envisaged under the provisions of Section 207 to 219 of the Act.
Gujarat High Court Cites 16 - Cited by 7 - Full Document

Roshanlal vs Deputy on 23 September, 2008

8. On behalf of the respondent authority learned Senior Standing Counsel submitted that the petitioner could not be given credit for the tax paid after the end of the Financial Year but before the date of filing of the return considering the statutory scheme commencing from section 207 of the Act relating to advance tax. For this purpose, reliance was placed on decision of this Court in the case of Life Bond Fabric Pvt. Ltd. Vs. CIT, (1995)216 ITR 529 to contend that the interest which was leviable had to be calculated in terms of the statutory scheme of the Act and there was no discretion vested in the Assessing Authority, as well as Apex Court decision in case of CIT vs. Hindustan Bulk Carriers (2003) 259 ITR 449 with special reference to observation at page No.458 of the report.
Gujarat High Court Cites 41 - Cited by 0 - Full Document
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