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Judgment
This writ petition has been filed for revision of the interest amount and also challenging the order u/s 201(1A) of the Income Tax Act, 1961 (hereinafter called the Act, 1961).
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 ?
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 u/s 264 of the Act, 1961, the writ petition cannot be entertained. To fortify his submission, reliance has been placed upon Sheela Devi Vs. Jaspal Singh, wherein it has been held that if a statute provides for the remedy of revision, the writ petition is not maintainable.
In view of the preliminary objection raised on behalf of the Revenue, we are not inclined to entertain the petition.
The petition is dismissed with liberty to the petitioner to file a revision before the learned Commissioner of Income Tax under the provision of Section 264 of the Act, 1961.
If the revision is filed within a month from today, we request the authority concerned to decide the same on the merits.