COMMISSIONER OF INCOME TAX Vs. KAMLAPAT MOTI LAL

JUDGEMENT

(1.) THIS is an income-tax reference under Section 256 of the Income-tax Act, 1961, in which the following two questions have been referred for our opinion :

(2.) THE short question before us is whether interest under Section 139(8) can be charged in proceedings under Section 148 for reassessment. This point is covered by a decision of a Division Bench of the Karnataka High Court in the case of Charles D'Souza v. CIT [1984] 147 ITR 694, as well as a decision of the Rajasthan High Court--Jaipur Bench in the case of CIT v. Kapoor Chand Ram Chand [1995] 216 ITR 318. THEse decisions have referred to earlier decisions also, which show that a consistent view has been taken on this point by the various High Courts holding that interest under Section 139(8) cannot be levied in a case of assessment or reassessment under Section 147 of the Act.