TMI Blog2010 (8) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed 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 - 64 OF 1990 - - - Dated:- 26-8-2010 - CORAM : THE HON'BLE MR. JUSTICE A.K. SIKRI THE HON'BLE MS. JUSTICE REVA KHETRAPAL Mr. R.M. Mehta, Advocate. Mr.Sanjeev Sabharwal, Sr. Standing Counsel. A.K. SIKRI, J. (Oral) Before we reproduce the question which is referred for our opinion by the Tribunal on the application of the assessee preferred under Section 256 (1) of the Income Tax Act, it is necessary to state cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8,132/- which means a sum of ₹ 3,01,336/- was component of the interest payable to the assessee. 3. Regular assessment was completed on 26.9.1983 which resulted in further refund of ₹ 9,41,300/-. Interest under Section 214 on the aforesaid amount was not paid to the assessee. It so happened while computing the refund, the quantum of advance tax paid by the assessee was taken by the department @ ₹ 52,08,125/- Which included ₹ 5 lacs paid on 29.1.1980 in terms of the revised estimate. In essence, interest was not calculated on the said amount of ₹ 5 lacs under Section 214 of the Act. In these circumstances, the assessee filed rectification application under Section 154 of the Act. On this application, the Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of advance tax amounting to Rs. 5 lacs paid on 29.1.1980 with the permission of the Commissioner of Income tax, Delhi-II, New Delhi under Sec. 212 (3A) as eligible to interest under Section 214 for excess payment of advance tax made in accordance with the schedule prescribed under sections 207 to 213 as laid down under sec. 214 of the Income-tax Act, 1961?" 5. Mr. Sabharwal, learned counsel appearing for the revenue has submitted that any endeavour to go into this question on merit would not serve any purpose even if it is answered in favour of the assessee as the assessee cannot take any benefit therefrom. He has made this submission pointing out that the reason given by the Assessing Officer which is upheld by the higher authorities a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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