9911796707
TMI Blog2007 (1) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... 3/ASR/1985, in respect of the assessment year 1981-82 : "1.Whether the Tribunal is right in law in holding that all the business tours undertaken by an employee during the previous year should be taken together for determining whether the amount of expenditure admissible under rule 6D has been exceeded or not? 2. Whether the Tribunal is right in law in holding that the interest u/s 215 of the I.T. Act, 1961 cannot be charged without proper direction in the body of assessment order when the charging of interest u/s is mandatory?" 2. We have heard Shri Sanjiv Bansal, learned counsel for the Revenue and Shri S.K.Mukhi, learned counsel for the assessee. Question No.1 3. At the very outset, learned counsel for the assessee submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of present assessee. 5. Accordingly, we answer the question against the revenue and in favour of the assessee.. Question No.2 6. As far as this question is concerned, contention of the learned counsel for the revenue is that the Tribunal had gone wrong in deleting the interest charged under Section 215 of the Act. The Tribunal while accepting the plea of the assessee held that calculation of interest by same official was not in conformity with law and not to be treated as part of the assessment order. In response thereto, learned counsel for the assessee submitted that the question has become academic at present as in view of the final assessment framed, the amount of advance tax paid by the assessee had been found to be more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 156 of the Income-tax Act, 1961, in consequence of such an order. The statute does not, however, require that both the computations (i.e., of the total income as well as of the sum payable) should be done on the same sheet of paper, the sheet that is superscribed 'assessment order'. It does not prescribe any form for the purpose. Once the assessment of the total income is complete with indications of the deductions, rebates, reliefs, and adjustments available to the assessee, the calculation of the net tax payable is a process which is mostly arithmetical but generally time consuming. If, therefore, the Income-tax Officer first draws up an order assessing the total income and, indicating the adjustments to be made, directs th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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