Dipak Kumar Sen, J. - (1.) M/s. Koomsong Tea Co. Ltd., the assessee, was assessed to income-lax for the assessment year 1974-75, the accounting year ending on December 31, 1973. The assessee is a non-resident company whose accounts are maintained outside India, By reason of non- receipt of necessary particulars, in time, the assessee applied for extension of time for filing its return. Time to file its return was extended up to December 31, 1974. The assessee, in fact, filed its return on February 27, 1975.
(2.) On March 14, 1974, the assessee had filed an estimate of its income and made a voluntary payment of Rs. 3 lakhs on account of advance tax, though there was no demand under Section 210 of the I.T. Act, 1961, from the ITO for such payment.
(3.) In the assessment, however, the ITO did not treat the said Rs. 3 lakhs as an advance payment of tax and charged interest under Section 139 withholding from the assessee the benefit of the said payment.;