EMINENT ENTERPRISES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioner is a registered partnership firm. THE challenge is against exhibits P-7 and P-4 orders passed under Section 220(2A) of the Income-tax Act, 1961 (hereinafter referred to as "the Act").

(2.) AS against exhibit P-1 assessment order determining the tax of Rs. 14,445, the petitioner has preferred an application, exhibit P-2, dated April 11, 1983, under Section 154 of the Act for rectification. In that it is stated that a sum of Rs. 9,763 is levied as interest under Section 139(8) of the Act and in computing the interest, it appears that an amount of Rs. 6,088 paid as advance tax has not been given credit for. By exhibit P-4 proceedings the Income-tax Officer found that the tax paid on June 15, 1979, qualified as advance tax for the year 1980-81 and, therefore, the petition for rectification was considered on the merits and the modified order was passed. In this under Section 220(2) of the Act the interest of Rs. 10,337 for the period from May 1, 1983, to August 31, 1993, was demanded. AS against this the petitioner preferred a revision before the Commissioner of Income-tax which was dismissed by exhibit P-7 order. Hence, this O. P.