9911796707
TMI Blog1984 (7) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... erest levied under s. 139(8), as urged by the assessee. The assessee was liable to file a statement of advance tax in conformity with the provisions of s. 209A for the asst. yr. 1980-81 (financial year 1979-80). As on 15th Sept., 1979, the date on or before which the said statement should have been submitted the latest assessment year in respect of which the assessee had submitted his return was t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d interest of Rs. 4,039 ignoring these payments. The ITO rejected the assessee's application under s. 154 seeking to reduce the levy to Rs. 683 on the ground that since the assessee had failed to file From No. 28A the advance tax payment made of Rs. 48,000 was treated as an ad hoc payment only and hence it was not considered for the purpose of calculation of interest under s. 139(8). 2. On the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e reading of the provision makes it patent that the assessee was right in filing the estimate of his income in Form No. 29 and that the payments made by the assessee were indubitably advance tax payments under s. 209A. The provisions read as under: "209A. Computation and payment of advance tax by assessee : (1) Every person shall, in each financial year, on or before the date on which the first i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the manner laid down in section 209 and shall pay such amount of advance tax, 209.(4) in case of any assessee who is liable to pay advance tax under subsection (1) or sub-section (2) or, as the case may be, sub-section (3), if, by reason of the current income being likely to be greater than the income on which the advance tax so payable by him has been computed or for any other reason, the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g an estimate of his current income under section 209A(4), has fully discharged his obligation under s. 209A(1)(a) and has also paid advance tax accordingly. The ITO was, therefore, bound to accede to the assessee's application under s. 154 to rectify his mistake apparent on the record viz. his treatment of the advance payments as mere ad hoc payment. Having regard to the foregoing discussion we w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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