TMI Blog2004 (1) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... r setting aside the levy of interest and looking to the smallness of the amount involved, it is not necessary to set aside the orders of the Tribunal and the Commissioner of Income-tax (Appeals) merely for remanding the matter to AO - Tribunal is right in confirming the order of the Commissioner (Appeals) in deleting the interest - - - - - Dated:- 22-1-2004 - Judge(s) : M. S. SHAH., A. M. KAPAD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the payment to the Government exchequer. After calculations, he observed that the assessee had deferred the payment of Rs.1.66 lakhs for the first instalment and Rs.66,000 for the second instalment. He, therefore, levied interest under section 216 amounting to Rs.11,940. The Commissioner of Income-tax (Appeals) not only relied on the decision of the Tribunal in the assessee's own case for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the matter to the Income-tax Officer for passing a fresh order as contemplated by section 216 of the Act (which decision is reported in Synbiotics Ltd. v. CIT[2003]259 ITR 122 (Guj)),hence in the instant case also, the order passed by the Tribunal and the Commissioner of Income-tax (Appeals) in favour of the respondent-assessee may be set aside and the matter be remanded to the Income-tax Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actual sales of the assessee and those made the basis of the estimate for advance-tax has been marginal. In fact the variation in the figures up to July, 1973, has been for Rs.0.01 lakhs (giving 0.01%) has less than the actuals and up to October, 1973, Rs.0.23 lakhs in excess (giving a percentage of variation of 0.17) . . . , 3. In the present appeal, the question mainly is whether the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levy of interest and looking to the smallness of the amount involved (i.e., Rs. 11,940), it is not necessary to set aside the orders of the Tribunal and the Commissioner of Income-tax (Appeals) merely for remanding the matter to the Assessing Officer. In view of the above discussion, our answer to the question is that the Appellate Tribunal is right in law and on facts in confirming the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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