1989 (3) TMI 44 - HC - Income Tax

Summary

The High Court of Calcutta held that an appeal can be made against the levy of interest under section 139 of the Income-tax Act, 1961. The Appellate Assistant Commissioner was wrong in refusing to consider the assessee's contentions on the levy of interest. The Supreme Court clarified that interest levied under section 139(8) or section 215 is part of the assessment process, and the assessee can dispute it in appeal by claiming they were not liable for the levy. The judgment was agreed upon by both judges.