COMMISSIONER OF INCOME-TAX Vs. HIMALAYA WOOLLEN MILLS

JUDGEMENT

(1.) BECAUSE of the late filing of the return for the assessment year 1972-73, at the time of the assessment, the ITO ordered on January 17, 1973, that interest be charged under Section 139 (8) of the I. T. Act, 1961 (hereinafter referred to as "the Act" ). The assessee filed an appeal against the assessment order and in the appeal, apart from assailing the tax assessed, he also challenged the imposition of the interest. His appeal qua the interest was dismissed on the ground that it was incompetent. This view of the AAC was reversed by the Tribunal. Consequently, the Revenue got the following question referred to this court under Section 256 (1) of the Act : "whether the Tribunal is right in law in holding that an appeal lies to the Appellate Assistant Commissioner against an order of the Income-tax Officer charging interest under Section 139 (8) of the Income-tax Act, 1961?"

(2.) IT is not necessary for us to discuss in detail the relevant provisions of law because the matter now stands concluded by a Division Bench decision of this court in CIT v. Raghubir Singh and Sons [1980] 125 ITR 256, which would be evident from the following observations (headnote):

(3.) AS the appeal in the present case was not simpliciter against the charging of the interest, the appeal was certainly competent in view-of the said decision.