9911796707
TMI Blog2011 (8) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... of tax paid by the assessee was credited to the Central Government Account on 1st January, 2004?" 3. The A.Y. Involved herein is the block period 1-4-1995 to 21-3-2002. 4. In the present case, tax demand raised under the block assessment was paid by the assessee by depositing a cheque for the amount of tax demanded on 29th December, 2003 in the bank authorized by the Central Government. On 30th December, 2003, the Bank account of the assessee was debited by the amount of tax under the cheque deposited on 29th December, 2003. 5. As the block assessment order was set aside by CIT(A),the assessee become entitled to refund of tax paid. The Assessing Officer refunded the tax with interest under section 244(A) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cheque for the amount of tax demanded was deposited with the authorized agent of the Central Government on 29th December, 2003 and the account of the assessee was debited to that extent on 30th December, 2003. The question therefore, to be considered is, whether debiting the tax amount from the bank account of the assessee by the authorized agent of the Central Government account viz. the authorized bank constitutes payment of tax under section 244(A)(i)(b) of the Act? 9. It is not in dispute that the payment of tax by cheque is a permissible mode of payment. It is not in dispute that the assessee had deposited the cheque towards the tax amount in the bank which was authorized by the Central Government to collect the tax on behal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to be refunded with interest for the entire month of December, 2003. 11. The decision of the Rajasthan High Court, as also the decision of the Delhi High Court relied upon by the Counsel for the revenue are distinguishable on the facts as in both the above cases, the Courts were not called upon to consider the scope of the expression 'payment of tax' contained under Section 244A(1)(b) of the Act. In fact, the circular No.261 dated 8th August, 1979 issued by the Board to the effect that the date of presenting the cheque should be the date of payment supports the contention of the assessee. 12. In the result, the question raised in the appeal is answered in favour of the assessee and against the revenue. Appeal is dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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