Full Judgment Text & Judicial Ruling

Court Name: Kerala High Court Judge(s): P. Shanmugam Title: EMINENT ENTERPRISES vs COMMISSIONER OF INCOME-TAX and others Case No.: O.P. No.6990 of 1994 Date of Judgment:2000-01-12 Reported As: 2000 PTD 3177 Result: Petition allowed

JUDGMENT

JUDGMENT P. SHANMUGAM, J.---The petitioner is a registered. Partnership firm. The challenge is against Exh&P-7 and P-4 orders passed under section 220(2-A) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"). As against Exh. P-1 assessm ent order determining the tax of Rs.14,445, the petitioner has preferred an application, Exh. 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 Exh. 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 petitioner for rectification was considered on the merits and the modified order was passed. In this under section 220(21 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 was dismissed by Exh. P-7 order. Hence, this O.P. <p.m> <p.m></p.m></p.m>

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