COMMISSIONER OF INCOME TAX Vs. GRAPHITE INDIA LTD

JUDGEMENT

(1.) This appeal by the Commissioner of Income-tax (Central-II) is directed against the judgment and order dated July 17, 1990 (see [1991] 188 ITR 146), of a learned single judge on the writ application filed by the respondent.

(2.) The facts leading to this appeal are that the respondent/writ petitioner filed on June 12, 1981, a statement of advance tax under Section 209A(1)(a) of the Income-tax Act, 1961, for the assessment year 1982-83 on the basis whereof a sum of Rs. 1,34,97,379 was payable by way of advance tax. The respondent paid advance tax of Rs. 21,99,126, Rs. 5,56,615 and Rs. 5,00,000 on June 12, 1981, July 23, 1981, and November 19, 1981, respectively, by three instalments for the said assessment year 1982-83. As the income of the respondent was expected to be less, it filed on December 14, 1981, Form No. 29 estimating its income subject to advance tax and advance tax payable thereon estimated at Rs. 1,06,19,318. The respondent paid Rs. 31,66,807 and Rs. 6,56,998 on December 14, 1981, and March 31, 1982, respectively, by way of advance tax. The respondent thus, in total, paid Rs. 70,79,546 by way of advance tax for the said assessment year.

(3.) The respondent duly filed its return on June 29, 1982, showing a total income of Rs. 86,94,100 for the said assessment year and a sum of Rs. 49,01,299 became payable by way of advance tax. On November 24, 1982, the Assessing Officer made provisional assessment under Section 141A of the Act for the said assessment year and computed the refund allowable at Rs. 21,32,494. But only Rs. 80,853 was refunded by way of adjustment against the demand for the assessment year 1977-78. So the balance amount of Rs. 20,51,641 was not refunded on provisional assessment.