1989 (4) TMI 105 - AT - Income Tax

Summary

Issues:
1. Assessment under section 143(1) of the IT Act and levy of interest under sections 139(8) and 217.
2. Claim of benefit under the Amnesty Scheme.
3. Application for rectification of demand made by the ITO.

Analysis:
1. The appeal involved the issue of the assessment under section 143(1) of the IT Act and the subsequent levy of interest under sections 139(8) and 217. The assessee's return was due on or before 30th July 1984 but was filed in 1987. The ITO accepted the return under section 143(1) but levied interest under sections 139(8) and 217. The assessee claimed the benefit of the Amnesty Scheme, but the ITO contended that the return was filed late to avoid tax payment. The AAC confirmed the decision, leading to the second appeal before the Tribunal.

2. The issue of claiming benefit under the Amnesty Scheme was raised during the appeal. The Tribunal noted that the Amnesty Scheme provided exemption from penalties for voluntary disclosure of income. However, the Tribunal held that the scheme did not apply to interest levied in this case. The Tribunal emphasized that the interest was imposed based on the return filed by the assessee under section 143(1). The Tribunal highlighted that the assessee had remedies available under section 143(2)(a) if aggrieved by the assessment, but the assessee did not utilize those remedies timely.

3. The application for rectification of the demand made by the ITO was also considered. The Tribunal observed that the application was made under section 154 of the IT Act, raising doubts about whether the conditions of the Amnesty Scheme were fulfilled by the assessee. The Tribunal concluded that the assessment order under section 143(1) and the interest charged did not contain any apparent mistakes. Therefore, the Tribunal rejected the appeal, stating that relief could not be granted under section 154, as the assessee did not object to the assessment under section 143(2)(a) within the stipulated timeframe.

This detailed analysis of the judgment highlights the key issues of assessment, benefit under the Amnesty Scheme, and the application for rectification, providing a comprehensive overview of the Tribunal's decision.