9911796707
TMI Blog2003 (4) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the petitioner on Rs. 13,78,111 at the rate of eight per cent. from January 1, 1986, up to February 8, 1999, and at the rate of 12 per cent. thereafter up to April 13, 2000, which is the date of the refund order. The version of the petitioner is that the assessment order was passed under section 58(3) of the Estate Duty Act, 1953, by order dated October 23, 1984. The assessment order was ame ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laiming interest on the said amount, as aforesaid. We have heard Sri Malaya Kumar Shukla for the petitioner, and Sri A.N. Mahajan for the respondent. Learned counsel for the petitioner has submitted that the petitioner is entitled to the interest under section 64 of the Estate Duty Act and that the amount has not been paid, therefore, he is entitled to the interest under section 64(7) of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest and the discretion is only in regard to the rate of interest. Considering the facts and circumstances of the case, instead of remanding the matter, we direct that the petitioner shall be entitled to the simple interest at the rate of six per cent. on the amount which has remained with the respondent. The respondent will pay the interest within two months from the date of submission of certi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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