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2018 (2) TMI 605

Interest chargeable u/s 7C in a case where the shortfall in the payment of advance surtax has arisen only on account of unanticipated additions/ disallowance in the income tax assessment - Held that:- Till date the Tribunal has not filed the Supplemental Statement of Case as directed in the order passed by this Court dated 24 February 2017. The Tribunal is directed to file the Supplemental Statement of Case as directed by the order dated 24 February 2017 on or before 20 February 2018. This Reference to be on board “For Directions” on 21 February 2018 at 3.00 p.m. - It is made clear that in case, the Tribunal fails to file the Supplemental Statement of Case on or before 20 February 2018, the Registrar of the Income Tax Appellate Tribunal .....

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dvance payment of Surtax would not arise in view of the fact - two out of the four heads which resulted in short payment being dismissed by the order dated 8th March, 1989 in the quantum (income tax) proceedings under Section 254(1) of the Act for Assessment Year 1982-83 and the other two heads being covered on merits in its favour. The Respondent Revenue has not opposed the reliance by the Applicant Assessee on the order dated 8th March, 1989 of the Tribunal in the quantum (income tax) proceedings under the Act. 4 However, we note that the basis of liability to pay under the Surtax Act is the amounts determined as Income under the Act. It is on determination of the Surtax payable with reference to the income that the shortfall on payment o .....

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o make supplemental statement of case setting out all relevant facts necessary to answer the question referred. The Tribunal is directed to forward the supplemental statement of case to this Court as expeditiously as possible, preferably within eight weeks from today. 7 Accordingly, Reference is adjourned to 28th April, 2017. 2. As the Tribunal had not complied with the order dated 24 February 2017, following order was passed on 15 June 2017 : This court, on 24th February 2017 had directed the Tribunal to make supplemental statement of case setting out all relevant facts necessary to answer the question referred. The Tribunal was directed to forward the supplemental statement to this court as expeditiously as possible, preferably within eig .....

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