- (1.) THROUGH this writ petition under Art. 226 of the Constitution of India, Cawnpore Chemicals Works Ltd., Kanpur, which is a private limited company has sought mandamus directing the ITO to decide the application made by the said company for the payment of money due to it on account of interest under ss. 214 and 244 of the IT Act, 1961 ('the Act').
(2.) THE claim of the petitioner is that on account of excess deposit of advance tax and the self- assessment tax, the petitioner is entitled to the amounts mentioned in Annexure-7 to the writ petition. According to the petitioner he is entitled to interest under S. 214 with effect from the date on which deposits were made as advance tax. It has further been claimed by the petitioner that the quantum of tax had been subsequently reduced in appeal preferred by it and, therefore, on account of the appeal being allowed, it is entitled to interest under S. 244. In this case, since we do not consider it necessary for the disposal of the writ petition to have the counter-affidavit of the IT Department, we do not accede to the request for further time made on its behalf.
(3.) WE do not go into the merits of the contentions raised by the petitioner's counsel. The petitioner has already filed an application before the ITO for payment of interests on the amount paid by him in excess of the sum legally due and it is entitled to the disposal of the said application. The counsel has urged that the interest was payable to it under ss. 214 and 244. We are of the view that the ITO should have disposed of that application and in not doing so, he committed a wrong. Consequently, we direct the ITO concerned to dispose of the said application and any other application made in respect of this assessment year for payment of interest under S. 244.;