Director Of Income Tax vs Escorts Employees Welfare Trust
2002 Latest Caselaw 1181 Del

ORDER

This appeal under section 27A of the Wealth Tax Act, 1957 (hereinafter referred to as 'the Act') is directed against the consolidated order dated 27-9-2000 passed by the Tribunal, Delhi Bench 'F', in WT Appeal Nos. 3 to 5 (Delhi) of 1994 pertaining to the assessment years 1982-83 to 1984-85.

2. By the impugned order, the Tribunal has upheld the view taken by the Commissioner (Appeals) directing the assessing officer to allow to the assessed interest under section 34A(3A) of the Act on the refund from the date of payment of tax under section 15B of the Act.

2. By the impugned order, the Tribunal has upheld the view taken by the Commissioner (Appeals) directing the assessing officer to allow to the assessed interest under section 34A(3A) of the Act on the refund from the date of payment of tax under section 15B of the Act.

Since, in our view, the issue proposed to be raised by the revenue is no longer res integra, it is unnecessary to state the facts.

3. In Modi Industries Ltd v. CIT (1995) 216 ITR 759 (SC) the Supreme Court has held as under :

3. In Modi Industries Ltd v. CIT (1995) 216 ITR 759 (SC) the Supreme Court has held as under :

"(ii) If any tax is paid pursuant to an assessment order after 31-3-1975 (which will include tax deducted at source and advance tax to the extent the same has been retained and treated by the Income Tax Officer as payment of tax in discharge of the assessed's tax liability in the assessment order), becomes refundable wholly or in part as a result of any appellate or other order passed, the Central Government will have to pay the assessed interest on the refundable amount under section 244(1A). For the purpose of this section, the amount of advance payment of tax and the amount of tax deducted at source must be treated as payment of income-tax pursuant to an order of assessment on and from the date when these amounts were set off against the tax demand raised in the assessment order, in other words, the date of the assessment order."

In view of the said authoritative pronouncement, no fault can be found with the orders passed by the Tribunal. No question of law, much less a substantial question of law, arises out of the order of the Tribunal.

4. The appeal is, accordingly, dismissed.

4. The appeal is, accordingly, dismissed.