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TMI Blog2009 (10) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax (Appeals) who by order deleted the interest charged under sections 234B and 234C of the Act. Against the aforesaid order of the first appellate authority the Revenue moved the learned Tribunal. The learned Tribunal by order dated July 20, 2006, upheld the order of the first appellate authority giving rise to the present second appeal under section 260A of the Act. Held that- interest shown in computation sheet annexed to the assessment order. Computation sheet is the integral part of the assessment order. Thus interest had to be paid. X X X X Extracts X X X X X X X X Extracts X X X X ..... ved the learned Tribunal. The learned Tribunal by order dated July 20, 2006, upheld the order of the first appellate authority giving rise to the present second appeal under section 260A of the Act. 4. We have heard Sri U. Bhuyan, learned standing counsel, Income-tax appearing for the Revenue and Sri U. K. Borthakur, learned counsel appearing for the respondent-assessee. 5. Placing the impugned order dated July 20, 2006, passed by the learned Tribunal, Sri Bhuyan has urged that reliance was wrongly placed on the decision of the Patna High Court in Uday Mistanna Bhandar and Complex v. CIT reported in [1996] 222 ITR 44 and the decision of this court in River Valley Tea Co. Pvt. Ltd. v. Commissioner of Taxes reported in [2004] 266 ITR 383 (G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act is really under section 143(3). Placing the provisions of section 143(3) of the Act, Sri Borthakur has pointed out that while finalizing an assessment under the provisions of the Act, the Assessing Officer has to determine the income or loss of the assessee, as may be, for the year under consideration and also the sum payable on the basis of such assessment. Thereafter, under section 156 of the Act a demand notice is required to be issued. Sri Borthakur has submitted that the demand notice under section 156 requires the specific sum payable by an assessee to be demanded in the prescribed form and such sum which may be on account of tax, interest, penalty, fine, etc., must become payable pursuant to an order passed under the Act. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion where the sum payable by way of tax, interest, fine or penalty was for the first time determined in the notice of demand issued under section 156 of the Act. In the present case, as already noticed, such determination was made in the computation sheet (Form No. ITNS 150) which was appended to the assessment order. The decision of the Patna High Court in Uday Mistanna Bhandar and Complex v. CIT [1996] 222 ITR 44 (Patna) and the reliance placed on the one by this court in its decision in River Valley Tea Co. Pvt. Ltd. v. Commissioner of Taxes [2004] 266 ITR 383 (Gauhati), therefore, does not appear to be squarely applicable to the facts of the present case. Rather, a reading of the judgment of the apex court in Kalyankumar Ray v. CIT [199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levy of interest was recorded in the computation sheet which formed a part of the assessment order, we do not see as to how the respondent-assessee can escape its liability to pay such interest. The contention advanced by Sri Borthakur, learned counsel for the respondent-assessee that the assessment order does not mention the existence of the preconditions stipulated by section 210 of the Act to attract levy of interest not only remains unsubstantiated on our finding that the computation sheet in Form No. ITNS 150 is an integral part of the assessment order, the said argument also raises questions not earlier raised before the forums below. 10. In view of the foregoing discussions, we are of the opinion that this appeal deserves to be allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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