JANAK RAJ CHAUHAN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee has preferred this appeal under s. 260A of the IT Act, 1961 (in short, "the Act") against the order of the Tribunal, Amritsar Bench, Amritsar passed in ITA No. 284/Asr/2006 for the asst. yr. 1988 -89.

(2.) FOLLOWING substantial questions of law have been proposed :

(3.) AS per facts noticed in the impugned order of the Tribunal, the assessee in the return filed for the asst. yr. 1988 -89 appended a note that it was not liable to interest under ss. 139(8) and 215/217 of the Act on the ground that the return was filed in consequence of the judgment of the Hon'ble Supreme Court in ITO vs. Ch. Atchaiah (1996) 130 CTR (SC) dismissed. Against the said order, the CIT(A) dismissed the appeal of the assessee. The appellate authority accepted the claim of the assessee in view of the judgment of the Rajasthan High Court in CIT vs. Prem Lata Jalani (2003) 185 CTR (Raj) 601 : (2003) 264 ITR 744 (Raj) with the observation that proper course for the AO was to issue notice under s. 143(2) of the Act.