TMI Blog2003 (12) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... er the first proviso to section 212(3A) of the Income-tax Act?" - On any adjustment being made, the amount adjusted becomes the tax paid pursuant to the order of assessment. - No error in the order of the Tribunal directing payment of interest under section 244(1A). - - - - - Dated:- 2-12-2003 - Judge(s) : R. JAYASIMHA BABU., S. R. SINGHARAVELU. JUDGMENT The judgment of the court was deliv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys was adjusted towards the amount of the tax that was assessed by the Assessing Officer. The Assessing Officer declined to grant interest on this amount which had become excess after the consequential order came to be made after the assessee's appeal in respect of this sum was allowed on the ground that the amount had been paid after the closure of the financial year and, therefore, interest unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made "in pursuance of any order of assessment" if any part of the amount so paid is found on appeal to be in excess of the amount which the assessee is liable to pay. When advance tax is paid, the amount so paid is required to be adjusted against the tax that would be assessed on the assessee at the time of assessment. When such adjustment is made, the amount is "paid" as tax pursuant to the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceeds in appeal on the sole ground that the amount had been paid before the assessment and not subsequent to the assessment, when the very object of the payment of advance tax is to pay the tax that would be determined as payable in future, in advance. So far as the significance of the word "paid" in that provision is concerned, having regard to the reference to payment of tax being pursuant to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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