Law:

Section:

Section 217, read with section 143, of the Income-tax Act, 1961 - Advance tax - Interest payable by assessee when no estimate made - Whether assessee should be given opportunity of being heard before levying interest under section 217 even where assessment is completed under section 143(3) - Held, yes FACTS The Tribunal held that before levying interest under section 217, an opportunity of being heard must be afforded to assessee even where assessment had been completed under section 143(3). On reference application under section 256(2) : HELD Following the decision of this Court in CIT v. Executors of the Estate of Late H.H. Rajkuverba Dowager Maharani Saheb of Gondal [1978] 115 ITR 301, it was to be held that the Tribunal was right in law in holding that the assessee should be given an opportunity of being heard before levying interest under section 217, even where the assessment was concluded under section 143(3). Note : The case was decided in favour of the assessee. CASE REVIEW CIT v. Executors of the Estate of Late H.H. Rajkuverba Dowager Maharani Saheb of Gondal [1978] 115 ITR 301 (Kar.) followed and relied upon. CASES REFERRED TO CIT v. Executors of the Estate of late H.H. Rajkuverba Dowager Maharani Saheb of Gondal [1978] 115 ITR 301 (Kar.). H. Raghavendra Rao and S.K. Srinivasan for the Petitioner. P.A.…

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