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Issues involved: Interpretation of provisions u/s 139 and 217 of the Income-tax Act, 1961 regarding charging of interest without specific direction in the assessment order.
Summary: The High Court of Rajasthan addressed the question referred by the Tribunal concerning the necessity of a specific direction in the assessment order for charging interest u/s 139 and 217 of the Income-tax Act, 1961. The counsel for the assessee cited precedents including CIT v. Mahendra Singh [1998] 229 ITR 310 and CIT v. Ranchi Club Limited [2001] 247 ITR 209 to support their argument. In the case of CIT v. Ranchi Club Limited [2001] 247 ITR 209 (SC), it was established that the Assessing Officer must charge interest in the assessment order itself, and the absence of a specific statement regarding interest precludes its levy later. This principle was reiterated in the decision of CIT v. Mahendra Singh [1998] 229 ITR 310 by the High Court. The High Court of Rajasthan found no fault in the Tribunal's order based on the cited precedents. Consequently, the High Court ruled in favor of the assessee and against the Revenue, affirming that a direction in the assessment order is necessary for charging interest u/s 139 and 217 of the Income-tax Act, 1961. The reference made to the High Court was disposed of accordingly.
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