GOVINDARAJU S Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioner is an assessee under the IT Act, 1961 (hereinafter referred to as "the Act" ). He filed a return of his income for the asst. yr. 1976-77 on February 23, 1978. THE 2nd respondent, ITO, in concluding the assessment for the said assessment year, levied interest under sub-s. (8)(a) of s. 139 of the Act, as well as interest under sub-s. (1A) of s. 217 of the Act, in addition to issue of a notice to commence proceedings under s. 271 (1)(a) and s. 273(c) of the Act, for filing belated return and concealment of income.

(2.) AGGRIEVED by the imposition of interest under s. 139(8)(a) and s.217(1A) of the Act, the petitioner-assessee preferred two revision applications to the CIT, 1st respondent herein, inter alia, contending that the order was bad inasmuch as there was no proposition first to levy such interest; that there was no hearing given to the petitioner-assessee before the interest was levied, that the denial of a hearing to the assessee deprived the petitioner of his right under r. 117A(v) of the IT Rules, 1962 (hereinafter referred to as "the Rules"), to get the interest waived or reduced showing sufficient cause for not furnishing the return in time.