Supreme Court · 1997 INSC 358 · Decided 3 April 1997

AS. Glittre D/5 I/S Garonne and ORS. v. Commissioner of Income Tax, Kerala-Ii

Court
Supreme Court of India
Citation
1997 INSC 358 · [1997] 3 S.C.R. 556
Case number
CIVIL APPEAL No. 8/1984
Decided
3 April 1997
Bench
K.S. PARIPOORNAN, S.P. KURDUKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 172(4), 172(7)

Headnote

D/5 I/S GARONNE AND ORS. v. COMMISSIONER OF INCOME TAX, KERALA-II APRIL 3, 1997 B [K.S. PARIPOORNAN AND S.P. KURDUKAR, .JJ.j Income Tax Act, 1961: Sections 172(4) & (7) and 214. Advance Ta.:c-lnterest 01r--E11titlement to--AYs. 1967-68 and 1969- C 7{}--Assessee non-resident shipper paid with interest as the payment already made by the assessee under S.172(4) had to be treated as advance tax by legal fiction under D S.172(7~Hence, such payment would attract all the provisions relating to advance tax-Corresponding provision in the predecessor Act not identical to S.172(7; of the

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