COMMISSIONER OF INCOME TAX Vs. JHALANI AND COMPANY

JUDGEMENT

(1.) AT THE INSTANCE OF THE REVENUE, THE INCOME-TAX APPELLATE TRIBUNAL HAS REFERRED THE FOLLOWING TWO QUESTIONS: 1. WHETHER AN APPEAL LIES AGAINST AN ORDER OF CHARGING OF INTEREST UNDER SECTION 215 OF THE ACT? 2. WHETHER THE TRIBUNAL IS EMPOWERED IN LAW TO INVOKE RULE 40(5) FOR DELETING THE LEVY OF INTEREST UNDER SECTION 215?

(2.) BOTH THE QUESTIONS HAVE TO BE ANSWERED IN NEGATIVE IN VIEW OF THE DECISION OF THE SUPREME COURT IN THE CASE OF CENTRAL PROVINCES MANGANESE ORE CO. LTD. V. COMMISSIONER OF INCOME-TAX, 160 ITR 961 WHEREIN THE QUESTION RAISED WAS:

(3.) IF THE APPEAL ITSELF IS NOT MAINTAINABLE, THERE IS NO QUESTION OF TRIBUNAL INVOKING RULE 40(5) OF THE RULES UNDER SECTION 215 OF THE INCOME-TAX ACT.