B. L. Hansaria, J. - The petitioner is an income-tax assessee. Its assessment for the year 1977-78 was completed on 22.3.79 under section 143 (3) of the Income-tax Act, 1961, for short the Act, and a sum of Rs. 813.00 was found refundable on account of excess payrnent of advance tax. A rectification proceeding was subsequently initiated. This was relatable to the loss of the previous year which was not set off. The assessment was accordingly modi­fied and a sum of Rs. 35, 696*00 became refundable. The petitioner claimed interest upto the date of rectification, which was 5.1.1981. This was disallowed. A revision was thereafter preferred before the Commissioner of Income-tax who also refused to pay interest upto the date of rectification. Feeling aggrieved, this petition has been filed by the assessee. 2. The question for determination is whether interest in a case of the present nature was payable till the date of rectification, or the entitlement of the assessee to receive interest was confined to the date of assessment first made under section 143 (3) of the Act. The answer to this question depends on the interpretation of the expression "regular assessment” finding place in section 214 of the Act. Let us read the section as it stood at the relevant time : "214. (1) The Central Government shall pay simple interest at twelve per cent per annum on the amount by which the aggregate sum of any installments of advance tax during any financial year in which they are payable under sections 207 to 213 exceeds the amount of the lax determined on regular assessment, from the 1st day of April next following the said financial year to the date of regular assessment for the assessment year immediately following the said financial year, and where any such installment is paid after the expiry of the financial year during which it is payable by reason of the pro­visions of section 213, interest as aforesaid shall also be pay­able on that installment from the date of its payment to the date of regular assessment: Provided that in respect of any amount refunded on a provisional assessment under section 141 A, no interest shall be paid for any period after the date of such provisional assessment. (1A) Where on 'completion of the regular assessment the amount on which interest was paid under sub-section (1) has been reduced, the interest shall be reduced accordingly and the excess, if any, paid shall be deemed to be tax payable by the assessee and the provisions of this Act shall apply accordingly. (2) On any portion of such amount which is refunded under this Chapter, interest shall be payable only upto the date on which the refund was made.' 3. It may be pointed out that the expression "regular assessment” has been defined in section 2 (40) of the Act to mean unless the context otherwise requires, "assessment made under section 143 or section 144” of the Act. The contention of the department is that the expression "regular assessment" finding place in the aforesaid section refers to the first order of regular assessment, whereas according to the assessee the meaning of the expression cannot be confined to the first order of regular assessment-it would rather take within its fold the assessment made pursuant to rectification proceedings or orders passed on remand after the matter has been sent back by the appellate/ revisional authority. 4. There has been a cleavage of opinion among the different High Courts of the country right from 1957 which had dealt with the present question in the context of Income-tax Act, 1922. The first decision which is cited in this connection is that of Chagla, C.J., in Sarangpur Cotton Manufacturing Co. Ltd vs. C.I.T, (1957, 31 ITR 698 (Bombay). It was held in this Division Bench decision that the mere fact that an assessment made under section .3 of the old Act was set aside on appeal by the Appellate Assistant Commissioner and a fresh assessment was made on a subsequent date would not entitle the assessee to interest on the advance tax upto the date of subsequent assessment inasmuch as liability to pay arises one an assessment is made. This decision was referred with approval in Sri Shadilal Sugar and General Mills vs. Union of India, (1972) 85 ITR 363 (Allahabad). This decision held that the expression "regular assessment" refers to the first or, one might say, original assessment order made by the Income-Tax Officer. This decision was referred with approval in Sri Shadilal Sugar and General Mills vs. Union of India, (1972) 85 ITR 363 (Allahabad). This decision held that the expression "regular assessment" refers to the first or, one might say, original assessment order made by the Income-Tax Officer. It was pointed out that after the original assessment order is made and a notice of demand is issued, the assessee is under an obli­gation to pay the tax demanded and no question can arise of his being compensated by way of interest for any payment made by him in satisfaction of the demand. The compensation is intended only for the period during which there was no obligation to pay the tax, that is, upto the date of first assessment by the Income-Tax Officer. 5. Shri Ooswami has, however, referred to Chloride India Ltd. vs. CIT, (1977) 106 ITR 38 , wherein a learned single Judge of the Calcutta High Court (Sabyasachi Mukherjee, J. as his Lordship then was) took the view that regular assessment means the assessment as modified pursuant to appeal etc. In coming to this decision reference was made to sections 209 and 210 of the Act and it was pointed out that "regular assesraent" of which these sections speak was not confined to first assessment but would include the assessment made by the Income-tax Officer pursuant to the direction of the appellate authority. This decision of the Calcutta High Court was not approved in Lala Laxraipat vs. C.I.T., (1977) 110 ITR 289 (Allahabad). The Division Bench of the Allahabad High Court did not agree with the Calcutta view by pointing out that though the meaning of the expression "regular assessment in sections 209 and 21 of Ids Act may lead to anomaly if the meaning is confined to first regular assessment, but that is no reason for giving wider meaning to this expression in so far as section 214 of the Act is concerned. The Division Bench, therefore, expressed their dissent with the Calcutta view and followed what was stated by Chagla, C J., in Sarangpur Cotton Mills' case and what was decided in Sri Shadilal's case. It was stated that the context may otherwise require in finding out the meaning of the expression "regula. The Division Bench, therefore, expressed their dissent with the Calcutta view and followed what was stated by Chagla, C J., in Sarangpur Cotton Mills' case and what was decided in Sri Shadilal's case. It was stated that the context may otherwise require in finding out the meaning of the expression "regula. assessment" as finding place in sections 209 and 210, but there is no such compulsion in finding out the meaning of this expression as used in section 214. 6. The matter came to be examined again by the Calcutta High Court in General Fibre Dealers Ltd. vs. ITO, (1979) 116 ITR 40 . This is a decision by the learned Judge who had decided Chloride India's case and on attention being drawn to the disagreement of the Allahabad High Court to the views expressed in Chloride India, the learned Judge observed that the same meaning has to be given to a word or expression appearing in the same Chapter of an enactment and no good reason was found to confine the meaning of the expression "regular assessment” to the first assessment. 7. It was, however, held in National Agricultural Co-operative Marketing Federation vs. Union of India, (1981) 130 1TR 928 (Delhi) that the expression "regular assessment" in section 214 should be construed as referring only to the first or initial regular assessment and not of subsequent modification thereof. It was pointed out in Trustees of Nizam's Religious Endowment Trust vs. ITO, (1981) 131 1TR 239 (AP) that the words "regular assessment" refer to the assessment made by the Income-Tax Officer under section 143 or section l-i4 on the first occasion and do not include the consequential order passed by him as a result of an order under appeal. It was pointed out that section 214 is a general section dealing with interest on advance tax refundable consequent on regular assessment, whereas sections 240 to 244 specifically deal with the refund of Income-tax consequent of passing any appellate order. As per the view adopted in this decision when refund of Income-tax including advance tax paid by the assessee is to be affected consequent on the appellate order passed by the appellate authority, the refund has to be under section 240 ; section 214 has no application in such a case. As per the view adopted in this decision when refund of Income-tax including advance tax paid by the assessee is to be affected consequent on the appellate order passed by the appellate authority, the refund has to be under section 240 ; section 214 has no application in such a case. The same view was reiterated by the Andhra Pradesh High Court in Warner Hindnsthan Ltd vs. CIT, (1988) 171 ITR 244. The Punjab and Haryana High Court in CIT vs. Ambala Electtricity Supply Co. Ltd., (1982) 142 ITR 872, followed the views adopted by the Allahabad and .Delhi High Courts. 8. We may lastly refer to a Full Bench decision of the Bombay High Court in CIT vs. Carona Sahu Company Ltd, (1984) 146 ITR 452, in which it was held that the expression "regular assessment" means only the first order of regular assessment and not the last operative order of the regular assessment at any given point of time as a result of appellate or revisional proceeding. In this connection reference was made to section 215 of the Act and it was stated that it is a counter­part of section 214 and its interpretation is of cardinal importance in the interpretation of section 214. It was pointed out that section 215 (3) creates an obligation to refund the excess interest paid if the amount computed under sub-section (1) is reduced consequent upon an order of appeal and/or revision. There is no such obligation, express or implied, under sub-section (1) or anywhere else. Sub-section (3) was, therefore, regarded as not clarificatory nor was it inserted as a measure of abundant, caution. The Court observed that where the legislature intended to provide for a contingency arising out of an order of appeal on refund specific provision was made. It was, therefore, held that as it was deemed necessary by sub-section(3) to provide for the contingency that might arise if the amount computed under sub-section (1) was reduced consequent upon an order of appeal or revision, the same clearly indicated that the words "regular assessment" in section 215 means only the first order of regular assessment and not the last operative order of regular assessment at any given point of time passed in an appeal or revisional proceeding. 9. We have also to apply our mind to subsection (1A) of section 214 of the Act. 9. We have also to apply our mind to subsection (1A) of section 214 of the Act. As to this sub-section, it has been stated in the aforesaid judgment that the same has to be read alongwith section 141A and the proviso to sub-section (1). According to the Full Bench, the proviso to sub-section (1) was intended by the legislature to create an obligation to pay interest at the time of making the refund of advance tax on a provisional assessment under section 141 A. The Bench pointed out that reading of the proviso thus does not render otiose any word or words and enables every piece of the section to fall into place. In so far as sub-section (1A) is concerned, it was pointed out that the same was introduced consequential upon the insertion into the Act of section 141A relating to provisioral assessment and refund following it. So read, it was held that the expression "on completion of regular asse­ssment" in sub-section (1 A) means the completion of the first order of regular assessment subsequent to a provisional assessment which meaning has to be given to the expression regular assessment in all the sub-sections of sections of section 214. 10. In so far as section 2u (2) is concerned, it was pointed out that the same had no bearing on the interest on refunds provided by sub­section (I) as those refunds are under Chapter XIX, not under Chapter XVII with which sub-section (2) deals. It was, however, stated that Chapter-XVII as it read at the relevant time contained no provision for refund, but the proviso to sub-section (3) of section 210 as it stood prior to 1963 made provision for refund of advance tax. The Bench was of the view that sub-section (2) must be read in the context of the proviso to section 210 (3) as it stood at the relevant time. Where a refund has been made of advance tax in the contingencies provided for by the proviso to section 210 (3) as it stood, and it had been found on regular assessment that the amount of advance tax originally paid was in excess of the tax assessed by the amount refunded or more, interest was payable upon the amount refunded and by virtue of section 214(2) it was payable only upto the date of the refund. . 11. . 11. The above would show that the Full Bench had considered all aspects of the matter and thereafter came to the conclusion that the expression "regular assessment* in section 214 (1) meant the first order of regular assessment passed by the Income T& Officer and not the last operative order of regular assessment at any point of time passed as an appellate or revisional proceeding. We are in respectful agreement with the view taken by the Full Bench ; we do not propose to lengthen this judgment by traversing the entire ground covered by the Full Bench. 12. Shri Goswami has however contended that rectification proceedings form part of assessment proceedings as was pointed out in S. Sankappa vs. ITO, (1968) 68 ITR 760 (SC). Though this is so, it cannot be held that rectification is a part of regular assessment-it is rather an aberration. We are also not satisfied if any order passed under section 154 (rectification of a mistake) can be said to be 'assessment made under section 143 or 144' which is the definition of "regular assessment" as given in section 2 (40) of the Act. 13. The learned counsel then submits that amendment to section 214 in 1984 by Taxation Laws Amendment Act, 1984, by which a new sub-section (1A) was substituted would show that any action taken pursuant to an order, inter alia, under section 154 would be covered by the expression "regular assessment" as used in sub-section (1). As to this it may be pointed out that the aforesaid sub-section (1 A) is more or less analogous to sub-section (3) of section 215 which had been noted by the aforesaid Full Bench of the Bombay High Court and what was stated in this regard about section 215 (3) would apply to what has contained in section ^14 (I A) as substituted with effect from 1.4.1985. This only shows that an obligation is created to refund the excess amount paid if the amount computed under sub-section (I) is reduced consequent upon an order of rectification and/or passed in appeal or revision. As there was no such obligation express or implied under section (1) of section 214 such a provision has to be made. The same has however no effect on the interpretation of the words "regular assessment" finding place in section 214(1) of the Act. 14. As there was no such obligation express or implied under section (1) of section 214 such a provision has to be made. The same has however no effect on the interpretation of the words "regular assessment" finding place in section 214(1) of the Act. 14. The last submission of the learned counsel for the assessee in this regard is section 143 as amended in 1971 visualises passing of two assessment orders-one under sub-section (1) and the other under sub-section (3) of section 143. As to this view we would like to observe that the expression "regular assessment* used in section 214 should take within its fold not only the assessment order passed under section 143(1) but the one passed, under sub-section (3) as well. We do not, however, think that the same reasoning should apply to an order of rectification passed under section 154. 15. In view of what has been stated above we are of the opinion that the expression "regular assessment' in section 214(1) of the Act has to be confined to the first order of assessment passed by the income-Tax Officer under section 143(1) of the Act as modified by order if any passed under section 143 (3). In this view of the matter, we are not satisfied if any case for interference with the stand taken by the Revenue has been made out. We would, therefore, dismiss the petition. H. K. Sema, J.-I agree.