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National Agricultural Co-Operative ... vs Union Of India And Others on 17 September, 1980

3. Section 140A(2) deals with a situation where the tax once paid becomes payment towards a regular assessment only after the assessment is framed. Same is the ratio in the case of National Agricultural Co-operative Marketing Federation of India Ltd. (supra), relied upon by the learned brother with this proposition of law there cannot be any dispute. But before the self-assessment tax becomes a tax paid towards such regular assessment, it has got a different character, i.e., it was self-assessment, tax. On account of this factual position the refund out of the self-assessment tax does not fit in the frame of language of Section 244(1A). Thus in my view the disallowance of interest was rightly made by the learned ITO and such action of the learned. ITO was correctly confirmed by the learned CIT(A) Keeping in view the undisputed factual position and the law on the point the learned CIT(A)'s finding does not warrant any interference and the same is confirmed.
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