- (1.) This writ petition has been filed for revision of the interest amount and also challenging the order under Section 201(1A) of the Income-tax Act, 1961 (hereinafter called the Act, 1961).
(2.) The questions involved herein are as to whether under the said provision where the tax has been deducted at source (TDS), but it is deposited at a belated stage, the interest payable is simple or compound ? And further question arises as to whether in the facts and circumstances of the case, interest could be charged at all ?
(3.) Shri Bharat Ji Agrawal, the learned senior advocate with Shri N. Mahajan, advocate, appearing for respondents, has raised the preliminary objection regarding the maintainability of the writ petition, contending that as the revision against the said order is maintainable under Section 264 of the Act, 1961, the writ petition cannot be entertained. To fortify his submission, reliance has been placed upon Sheela Devi v. Jaspal Singh [1999] 1 SCC 209, wherein it has been held that if a statute provides for the remedy of revision, the writ petition is not maintainable.;