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Issues involved: Interpretation of the maintainability of an appeal regarding interest charged under Section 139(8) and 215 of the Income Tax Act, 1961.
Judgment Summary: Issue 1: Maintainability of appeal regarding interest charged under Section 139(8) and 215 The High Court, in a reference u/s 256(1) of the Income Tax Act for the Assessment Year 1972-73, was tasked with determining the validity of an appeal by the assessee to the Commissioner of Income Tax (Appeals) regarding the levy of interest. The specific question posed was whether such an appeal was competent and maintainable, and if challenging the interest levy amounted to denying the liability to pay interest u/s 139(8) and 215. The Court referred to a previous case involving a similar issue and concluded that the appeal in question was not maintainable. Citing the precedent set in J.K.Synthetics Ltd. v. Commissioner of Income Tax, the Court upheld the view that appeals related to interest charged under the mentioned sections were not maintainable. Consequently, the Court ruled in favor of the Revenue and against the Assessee, disposing of the reference accordingly.
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