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2014 (12) TMI 475 - GUJARAT HIGH COURTInterest charged u/s 215 - Whether the Tribunal is right in deleting the charging of interest u/s 215 on the ground that the assessee could not have anticipated the additions and disallowances made in the income – Held that:- Following the decision in Patel Engineering Co. Limited Versus CB. Rathi And Another [1983 (2) TMI 10 - GUJARAT High Court] it could not have anticipated or foreseen that its estimate of the current income would not be accepted and that the advance tax paid would be less than the assessed tax by the percentage prescribed in subs. (1) of s. 215 - it was impossible for the authorities to reach the conclusion that the circumstances of the case did not justify the waiver of interest - to remit the matter to the Commissioner under such circumstances would be only protracting the proceedings by asking the Commissioner to grant the relief which we can ourselves grant to the petitioner in the course of these proceedings - In the context of the wider superintendence jurisdiction of the court, in exercise of its power under art. 227, merely quashing the revisional decision of the Commissioner is not justice – decided against revenue.
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