Supreme Court of India · 1975-09-18
INCOME TAX OFFICER 'A' WARD, INDORE vs GWALlOR RAYON SILK MANUFACTURING (WEAVING) co.LTD., BIRLAGR
- Citation / case number
- SC 1971/60173
- Court
- Supreme Court of India
- Petitioner
- INCOME TAX OFFICER 'A' WARD, INDORE
- Respondent
- GWALlOR RAYON SILK MANUFACTURING (WEAVING) co.LTD., BIRLAGR
- Bench
- FAZALALI, SYED MURTAZA
Judgment text excerpt
The Supreme Court held that under Section 220(2) of the Income-tax Act, 1961, the rate of interest on tax arrears is fixed by the Finance Act and cannot be varied by the Income-tax officer. The Court clarified that while sub-sections (2) and (3) of Section 220 deal with different aspects, they are interrelated, and any order under sub-section (3) must adhere to the rate specified in sub-section (2). The appeal was allowed, affirming that the Income-tax officer lacks the authority to accept a higher interest rate than that prescribed by the Finance Act.