NASIRUDDIN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference under S. 256(1) of the IT Act at the instance of the assessee and the following question of law has been referred by the Tribunal for answer of this Court, which reads as under :

(2.) THE brief facts giving rise to this reference are thus : The assessee filed an estimate of advance tax on 15th Dec., 1973 and paid a sum of Rs. 3,634 on the same date purporting to be advance tax. The tax payable on the total income amounted to Rs. 1,412 and there was, thus, refund of Rs. 2,222. This amount has been refunded to the assessee along with some refund for the earlier years and interest under S. 214 of the IT Act. The ITO by his order dt. 27th Jan., 1983, refused to allow the interest under S. 214 of the IT Act, on the ground that the estimate that was filed on 15th Dec., 1973 was beyond the time prescribed.

(3.) WE have heard the learned counsel for the parties and perused the records.