1973-VIL-39-SC-DT

Equivalent Citation: [1975] 99 ITR 579 (SC)

Supreme Court of India

Civil Appeal No 1578 of 1970.

Date: 06.03.1973

O RM. M. SP. SV. P. PANCHANATHAM CHETTIAR

Vs

COMMISSIONER OF INCOME-TAX, MADRAS

BENCH

K. S. HEGDE, P. JAGANMOHAN REDDY AND H. R. KHANNA JJ.

JUDGMENT

HEGDE J.--

The only question that arises for decision in this appeal is whether the assessee is entitled to claim interest on the refund which became due to him on the strength of the decision of this court. The assessment in this case was completed long before the Income-tax Act, 1961, come into force. Under the circumstances, this case clearly comes within the scope of section 297(2)(i) of these Income-tax Act, 1961, and not under section 66(7) of the Indian Income-tax Act, 1922. Under the new Act, there is no provision for payment of interest unless the same comes within the scope of section 243 of that Act. It is not the case of the assessee that the facts of this case come within the scope of section 243.

In the result, this appeal fails and the same is dismissed. But, in the circumstances of the case, we make no order as to costs.

Appeal dismissed.

 

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