Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2010 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (8) TMI 52 - HC - Income TaxRefund of Advance Tax – The revised estimates filed by the assessee did not exceed 33 and 1/3rd percent of the over more amount. Therefore it could not be treated as estimate under sub Section 4 of Section 209 A of the Act and thus, the amount of Rs. 5 lacs paid thereupon could not be treated as advance tax paid under Section 207 and 213 of the Act. Additionally the Income Tax officer also opined that since there was two views prevalent as to whether this amount should be treated as advance tax or not, therefore interest was payable thereupon or not, application of Section 164 for rectification was not maintainable and the application dismissed on this ground also. This order has been sustained by the CIT (A) as well as Income Tax Appellate Tribunal – Held that: - when application under Section 154 of the Act is held to be not maintainable, no purpose would be served by answering the questions raised in the petition – decided in favor revenue
|