TMI Blog1993 (5) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the assessment year 1984-85, the following question of law has been referred to this court : `Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that interest under section 217 of the Income-tax Act, 1961, is not exigible in this case ?" The brief facts of the case are that the assessee, Shree Sitaram Public Charitable Trust, is a pub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vy of interest under section 217 of the Act. Before the Commissioner of Income-tax (Appeals), it was submitted on behalf of the assessee that, as per the provisions of section 209A(1) of the Act, the assessee was required to file a statement of advance tax payable by it on or before June 15, 1983, since the assessee was an assessee regularly assessed to tax in the past. But the assessee was enjoyi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Tribunal. The Tribunal considered the submissions of the parties. The Tribunal found that the assessee being "an only assessee" and the latest completed assessment having resulted in the assessee's taxable income being computed at nil by reason of the operation of section 11, the assessee was not obligated to file a statement under section 209A(1). That section incorporates a twin requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Department. In such circumstances, there is no question of levying interest under section 217 of the Act. As indicated, the Tribunal has found as a fact that, in the last completed assessment, i.e., on June 15, 1983, the latest income returned and assessed was "nil". Thus, there was no liability to pay advance tax on the part of the assessee as on June 15, 1983. Therefore, there was no oblig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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