COMMISSIONER OF INCOME TAX Vs. SIRE KANWAR BAI

JUDGEMENT

(1.) THE Revenue is in appeal challenging the correctness and legality of the order passed by Tribunal in IT(SS)A No. 181/Bang/2002 dt. 31st Aug., 2004. The brief facts leading to the filing of this appeal are as follows:

(2.) WE have heard Sri M.V. Seshachala, learned counsel appearing for the appellants Revenue and Sri A. Shankar, learned counsel appearing for the respondent assessee.

(3.) SRI Seshachala, learned counsel for the Revenue, would submit that in the notice issued under section 158BD of the Act which has specifically mentioned the last date for filing of the return as 7th May, 1998; and in respect of the same, the assessee has filed return of income on 30th Oct., 1998 and as such, the AO was justified in levying interest towards the said period i.e. 7th May, 1998 upto 30th Oct., 1998 as contemplated under section 158BFA(1) of the Act which came to be confirmed by the first appellate authority and accordingly, submits that the questions of law are required to be answered in favour of the Revenue by betting aside the order of the Tribunal.