LAWS(MAD)-2002-12-155

COMMISSIONER OF INCOME TAX Vs. R KAMALAM

Decided On December 18, 2002
COMMISSIONER OF INCOME TAX Appellant
V/S
R. KAMALAM Respondents

JUDGEMENT

(1.) IT is a reference at the instance of the Revenue. The Tribunal has stated the case and referred the following question of law in relation to the asst. yr. 1984-85.

(2.) IT is stated by the learned counsel appearing for the Revenue that the issue raised in the question of law is covered against the assessee by the decision of the Supreme Court in K. Govindan & Sons vs. CIT (2000) 164 CTR (SC) 490 : (2001) 247 ITR 192 (SC) wherein the Supreme Court has held that the assessment made for the first time under S. 147 of the Act is regular assessment and interest under S. 139(8) is leviable. It is a case of levying interest not only under S. 139 but also under ss. 215 and 216, where the language employed in all the sections are similar.