TMI Blog1985 (7) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... 75, the accounting year ending on December 31, 1973. The assessee is a non-resident company whose accounts are maintained outside India. By reason of non-receipt of necessary particulars, in time, the assessee applied for extension of time for filing its return. Time to file its return was extended up to December 31, 1974. The assessee, in fact, filed its return on February 27, 1975. On March 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the order of the AAC, the Revenue went up on appeal before the Income-tax Appellate Tribunal. It was found by the Tribunal that the assessee had been given credit for the amount paid in advance as tax and held that the assessee was entitled to the deduction of the said amount for the purpose of computation of interest. The order of the AAC was upheld. On an application of the Revenue unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in the absence of any notice under s. 210, itself made an estimate of its income and paid a part of the tax in advance. The said amount has been treated and credited as tax paid. On the above facts, we do not find any justification for the hypertechnical stand taken by the ITO. Interest should not have been charged on an amount paid on account of advance tax on estimate and credited as such. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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