COMMISSIONER OF INCOME TAX Vs. HIND LAMPS LIMITED

JUDGEMENT

(1.) THIS reference, which relates to two assessment years, viz., 1967-68 and 1970-71, invites our answers to three questions, viz:

(2.) THE facts relevant for answering the questions referred are these.

(3.) THE factual position relevant for answering the third question is this. It appears that the ITO in the assessment year 1970-71 had levied interest under section 217(1A). An appeal was filed by the assessee before the AAC, who took the view that the appeal was not maintainable but nevertheless issued certain directions in the matter. THE Tribunal, following a decision of this court in the case of Vidyapat Singhania v. CJT [1977] 107 ITR 533 (All), held that no appeal lay against the order levying interest under section 217(1A).