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september 1975

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.

INCOME TAX OFFICER 'A' WARD, INDORE vs GWALlOR RAYON SILK MANUFACTURING (WEAVING) co.LTD., BIRLAGR · Niyam