LAWS(DLH)-1993-8-37

COMMISSIONER OF INCOME TAX Vs. ORISSA CEMENT LIMITED

Decided On August 25, 1993
COMMISSIONER OF INCOME TAX Appellant
V/S
ORISSA CEMENT LTD. Respondents

JUDGEMENT

(1.) THE petitioner seeks reference of the following questions :

(2.) IT appears that the assessee had paid advance tax. The assessment having been completed at a figure where the tax paid came to be more than the tax assessed, the assessee filed an appeal against this assessment order. The appeal filed by the assessee was allowed and the ITO was directed to give effect to the said appellate order.

(3.) THE assessee filed an appeal before the CIT (A) and contended that it was entitled to interest under S. 214 of the Act because the amount of advance tax which had been paid was more than the total tax payable by it.