Law:

Section:

Section 209, read with sections 212 and 210, of the Income-tax Act, 1961 – Advance tax – Computation of – Assessment year 1974-75 – Whether total income on which advance tax is payable is one computed under clause (a) of section 209 – Held, yes – Whether once assessee estimates his current income, income computed under clause (a) of section 209 is substituted by figure estimated by assessee – Held, yes – Whether if ITO amends total income computed under clause (a) of section 209 with reference of clause (d) of section 209 and serves upon assessee fresh notice of demand based upon provisional assessment, assessee is not required to repeatedly file revised estimate of his current income under section 212 – Held, yes FACTS The ITO served upon the petitioner-assessee a notice under section 210 requiring the petitioner to pay Rs. 25,14,616 as advance tax for the assessment year 1974-75. The petitioner estimated its current income at Rs. 35,00,000 and determined the advance tax at Rs. 20,21,250. The petitioner sent its return of current income to the ITO on 17-12-1973.This return of estimate of current income was sent by the petitioner after receipt of a revised demand notice of advance tax dated 11-12-1973, under which the petitioner was required to pay Rs. 30,76,844 as advance tax for the assessment year 1974-75. On 14-2-1974, the ITO issued another notice under section 210 intimating the petitioner that it had to pay an advance tax for the assessment year 1974-75 in the sum of Rs. 34,91,913. The petitioner on 15-3-1974, submitted before the ITO another estimate of its current income. This estimate was in terms identical with the estimate submitted by the assessee on 17-12-1973. The ITO rejected the estimate of current income lodged on 15-3-1974, on the ground that it was barred by time. The petitioner was required to deposit the entire amount mentioned in the earlier notice by 21-3-1974, otherwise coercive measures were threatened. On writ : HELD The scheme of provisions of sections 209, 210 and 212 is that the ITO calculates the total income and the advance tax payable on it in accordance with clause (a) of section 209. If the ITO subsequently makes a provisional…

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