YESODA Vs. ITO CANNAORE

JUDGEMENT

(1.) THE short question arising for decision in this writ application is whether the stand taken by the respondent, the Income Tax officer, Cannanore, that interest is payable on the income tax imposed on the petitioner, for which a notice of demand under S. 156 of the Income Tax Act, 1961 was issued, from the day commencing after the end of the period of 35 days from the service of notice or within the expiry of such period as is fixed by the Income Tax Officer under the proviso to S. 220 (1) of the Income Tax Act 1961, notwithstanding that there was an order of stay of collection of the tax passed by the High Court during the pendency of a writ application, O. P. 2265/1962, is correct.

(2.) THE question for decision depends on the interpretation of S. 220 as well as the orders of stay passed by the High Court which have been produced as Exts. P2 and P3.

(3.) I dismiss this petition but make no order as to costs. Dismissed.