BABULAL NEWAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Babulal Newar, the petitioner, has instituted these proceedings under Articles 226 and 227 of the Constitution whereby he seeks to impugn the levy of interest under Section 215 of the Income-tax Act, 1961, in assessment year 1963-64,

(2.) It is not disputed that the petitioner is an assessee under the Income-tax Act, 1961. It is also a matter of record that in respect of the assessment year 1963-64, the Income-tax Officer concerned, the respondent No. 3, herein issued a notice on the petitioner under Section 210 of the Income-tax Act, 1961, on the 21st January, 1963, calling upon him to pay an advance tax of Rs. 28,501 for the relevant financial year ending on the 28th October, 1962. The petitioner purported to file on the 15th March, 1963, an estimate of his income under Section 212 of the Act, where it was shown that no advance tax was payable by him.

(3.) Subsequently, the petitioner filed his return of income for the said assessment year showing an income of Rs. 53,299. The respondent No. 3 completed the assessment on the 16th December, 1963, and the income was assessed at Rs. 1,53,442. A sum of Rs. 13,595 was computed to be the interest payable under Section 215 of the Act.