Supreme Court of India

Modi Industries Ltd., Modinagar Etc. Etc. v. Commissioner of Income Tax, Delhi and Anr. Etc. Etc.

Neutral citation
Reported as [1995] SUPP. 3 S.C.R. 642
Bench B.P. Jeevan Reddy, Suhas C. Sen and S.B. Majmudar JJ.
Decided 15 September 1995

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that in Section 214, 'regular assessment' has been used in no other sense than the first order of assessment passed under Section 143 or.

Judgment, page 49

From the headnote

Ind.Jan Income Tax Act, 1922/Income Tax Act, 1961: Ss.18A(5)!2(40), 214, 244(1A)-Advance tax-Excess payment of­ Refund-lnterest payable to assessee-Held: interest on excess amount of advance tax is payable to assessee under 1922 Act from date of payment upto regular assessment and under 1961 Act from 1st day of April next following relevant financial year upto regular assessment and not till date of refund-If any tax paid pursuant to an assessment oraer after March 31, 1975 becomes refundable as a result of any appellate or other order passed, interest thereon to be paid under s.244( IA) .

Where later benches applied it

Of those, 1 relied on · 1 referred to

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