COMMISSIONER OF INCOME TAX Vs. SHASENAN M PARPAI

JUDGEMENT

(1.) THE above appeal is directed against the order of the learned single Judge dated 30. 4. 1999 made in W. P. No. 5017 of 1999.

(2.) FOR the purpose of convenience, the parties are arrayed as per their rank in the writ petition.

(3.) THE writ petitioner is an assessee before the Assistant Commissioner of Income Tax, City Circle VII (3), Chennai. She filed the return of income for the assessment year 1995-96 under the provisions of the Income Tax Act. The assessment was completed on 23. 3. 1998 determining the total income at Rs. 29,26,025/ -. The tax payable in respect of the income other than capital gain was determined at Rs. 75,516/-, of course after granting necessary rebate under Section 88 of the Act, viz. the amount of tax payable on income other than capital gain was determined at Rs. 70,276/- and the capital gain tax was arrived at Rs. 5,34,948/ -. As per the said assessment order dated 23. 3. 1998, the tax payable was determined at Rs. 8,45,175/-, after making certain addition towards the interest under Sections 234a, 234b, 234c of the Act, which was later on rectified to Rs. 6,10,464/ -.