1998 (4) TMI 93

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..... ore. The assessment year involved is 1981-82, for the accounting year ending on December 31, 1980. The assessee ought to have filed its return on or before June 30, 1981. But, there is a delay caused in the filing of return by the assessee. As a matter of fact, the assessee filed its return on December 26, 1981, i.e., to say, after a delay of five months and 26 days. However, the assessee before t .....

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..... ction 217. On further appeal, the Tribunal upheld the order of the Commissioner of Income-tax (Appeals) on the levy of interest under section 139(8) besides ordering restoration of the levy of interest under section 217 as had been done by the Income-tax Officer. It is on these facts, the Tribunal, at the instance of the assessee, referred the questions as below under section 256(1) of the Inc .....

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..... assessee succeeded before the Tribunal, on the question of levy of interest under section 139(8). The Revenue did not agitate such aspect of the matter by way of reference. The levy of interest under section 217 went against the assessee, in the sense of the Tribunal ordering the restoration of the levy of interest under section 217 by the Income-tax Officer as later set aside by the Commissioner .....

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..... appearing for the applicant, and of Mrs. Chitra Venkataraman, learned junior standing counsel, representing the Revenue, were heard. The Income-tax Officer cannot at all be expected to blow hot and cold at one and the same time. The payments made on the aforesaid three dates amounting to Rs. 10,60,500 before the completion of the accounting year though had been stated by the Income-tax Officer a .....

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..... een done by the Income-tax Officer and which had been deleted by the Commissioner of the Income-tax (Appeals). In such state of affairs, levy of interest under section 217, as had been done by the Tribunal, on the facts and in the circumstances of the case, cannot be expected to commend acceptance at the hands of this court. We thus answer this question against the Revenue and in favour of the a .....

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