K GOVINDAN AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is an assessee of income-tax under the jurisdiction of the third respondent, Deputy Commissioner of Income-tax (Assessment), Calicut.

(2.) THE petitioner approached the second respondent, Settlement Commission of Income-tax, Madras, for settlement of their income-tax cases for the assessment years 1985-86 to 1988-89. On hearing him and considering the entire facts and circumstances of the case, the second respondent passed exhibit P-2 order. As per exhibit P-2 order, consequential orders are directed to be passed by the third respondent regarding interest. In paragraph 11 of exhibit P-2, it is seen that interest under Section 139(8) of the Income-tax Act, 1961 (hereinafter referred as "the Act"), wherever leviable will be levied according to law and interest under Section 215/217 of the Act will be levied from the due date for a period of six months from the date of filing the returns of income. Consequent to exhibit P-2, the third respondent passed exhibit P-3 order assessing interest under Sections 139(8) and 215/217 of the Act. THE petitioner who is aggrieved filed exhibit P-5 representation before the second respondent in which he sought for modification regarding interest levied which was rejected as per exhibit P-6. Exhibit P-6 is under challenge.

(3.) THOUGH there is no power fur (he second respondent to review its own orders, the application was considered on the merits also. In the circumstances, I cannot find fault with the second respondent for not treating the application as one for correction of the mistake crept in exhibit P-2 order.