LAWS(ALL)-2012-10-198

LENOLEUM HOUSE Vs. INCOME TAX OFFICER

Decided On October 04, 2012
Lenoleum House Appellant
V/S
INCOME TAX OFFICER Respondents

JUDGEMENT

(1.) THIS Income Tax Appeal has been preferred under Section 260A of the Income Tax Act, 1961, against the order of Income Tax Appellate Tribunal, Allahabad Bench, Allahabad dated 11.6.2004, passed in ITA No.316(Alld)/2003 for the A.Y. 1993 -94.

(2.) THE brief facts of the case are that the assessment was originally completed by DCIT(A), Gorakhpur. The CIT(A), Allahabad vide order dated 22.9.1995, granted substantial relief to the assessee. The appellate order was given effect to, on which the demand was revised and worked out excess payment as refundable. The revenue filed an appeal before the Income Tax Appellate Tribunal. The assessee also filed cross objection and appeal against the CIT(A) order. The Income Tax Appellate Tribunal vide order dated 29.8.2002, withdrew substantial relief granted by the CIT(A) vide order dated 22.9.1995. Consequent to the ITAT order, the A.O. passed an order under Section 254/251/143(3) dated 3.1.2003, whereby the total income was determined at Rs.3,66,010/ - and tax liability was revised. Besides the tax, interest under Section 234B, 234C and 220(2) amounting to Rs.77,712/ -, 9,054/ - and Rs.3,02,918/ - have also been levied. The liability and demand of tax as well as levy of interest under Section 234B, 234C and also 220(2) are all disputed in this appeal.

(3.) WE have heard Sri S.D. Singh, learned counsel for the appellant and Sri Govind Krishna, learned counsel for the revenue.