COMMISSIONER OF INCOME TAX v. RAMESHWARPUR COLD STORAGE (P) LTD
[Citation -1985-LL-1107-3]

Citation 1985-LL-1107-3
Appellant Name COMMISSIONER OF INCOME TAX
Respondent Name RAMESHWARPUR COLD STORAGE (P) LTD.
Court ITAT
Relevant Act Income-tax
Date of Order 07/11/1985
Assessment Year 1977-78, 1979-80
Judgment View Judgment
Keyword Tags refund of advance tax • regular assessment • co-operative
Bot Summary: By these applications under s. 256(1) of the IT Act, 1961, the CIT, West Bengal II, Calcutta requires the Tribunal to refer the following common question said to be a question of law and arising out of the consolidate order of the Tribunal dt. 2099 and 2010 of 1983 to the Hon ble High Court of Judicature at Calcutta: Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the interest under s. 214 of the IT Act, 1961 should be granted upto the date of refund instead of date of regular assessment In as much as in our opinion no question of law arises out of the aforesaid order of the Tribunal, we hereby decline to draw up a statement of the case and proceed to state the reason therefore. 1977-78 and 1979-80 and 1979-80 a dispute arose whether interest on the refund of advance tax should be paid under s. 214 of the Act upto the date of the refund as contended by the assessee. The ITO did not accept this claim and allowed interest upto the date of the regular assessment only. On appeal, the CIT however, held that under s. 214 the interest was to be allowed upto the date of refund. The Department preferred appeals against the said decision of the CIT but this Tribunal upheld the order of the CIT on the strength of the decisions in the case of Rayons Traders Pvt. vs. ITO Anr. The view taken by this Tribunal is based on the decisions of the Delhi and Madras High Court.


By these applications under s. 256(1) of IT Act, 1961, CIT, West Bengal II, Calcutta requires Tribunal to refer following common question said to be question of law and arising out of consolidate order of Tribunal dt. 8th May 1985 in ITA Nos. 2099 and 2010 (Cal) of 1983 to Hon ble High Court of Judicature at Calcutta: Whether, on facts and in circumstances of case, Tribunal is justified in law in holding that interest under s. 214 of IT Act, 1961 should be granted upto date of refund instead of date of regular assessment? In as much as in our opinion no question of law arises out of aforesaid order of Tribunal, we hereby decline to draw up statement of case and proceed to state reason therefore. In asst. yRs. 1977-78 and 1979-80 and 1979-80 dispute arose whether interest on refund of advance tax should be paid under s. 214 of Act upto date of refund as contended by assessee. ITO did not accept this claim and allowed interest upto date of regular assessment only. On appeal, CIT (A) however, held that under s. 214 (2) interest was to be allowed upto date of refund. Department preferred appeals against said decision of CIT (A) but this Tribunal upheld order of CIT (A) on strength of decisions in case of Rayons Traders Pvt. vs. ITO & Anr. (1980) 19 CTR (Mad) 204: (1980) 126 ITR 135 (Mad) and National Agricultural Co-operative Marketing Federation of India Ltd. vs. Union of India & ORs. (1981) 130 ITR 928 (Del). After hearing authorised representatives for parties, we are of opinion that no referable question of law arises in these reference applications. provisions of s. 214 (2) are quite clear and do not require any interpretation. moreover, view taken by this Tribunal is based on decisions of Delhi and Madras High Court. On other hand, there is no contrary opinion of any other High Court. In such circumstances, we do not fell that reference should be made to Hon ble High Court. As such, reference applications are rejected. *** COMMISSIONER OF INCOME TAX v. RAMESHWARPUR COLD STORAGE (P) LTD.
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