1996 (5) TMI 58

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..... ct, 1961, for reference of the following question of law to this court : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that interest under section 215 of the Income-tax Act was chargeable on the basis of assessed income but excluding enhanced share of the assessee determined in the case of the firm where he is a partner ? " .....

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..... lful attempt on the part of the appellant to lower his income. The appellate authority directed the Income-tax Officer to see whether any interest under section 215 of the Income-tax Act is still chargeable even after excluding the addition made in the share income. The Revenue filed appeal before the Income-tax Appellate Tribunal against the order of the appellate authority. The Tribunal dismisse .....

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..... de its order dated November 8, 1993, the Tribunal held that the first question of law deserves to be referred to the High Court. Accordingly, it referred the aforesaid question to the High Court along with the statement of the case, but declined to refer the second question by holding that the matter entirely depends on the facts of the case whether the assessee had paid advance tax on the basis o .....

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..... Pvt. Ltd. [19861 159 ITR 664 and of the Delhi High Court in CIT v. J. K. Synthetics Ltd. (No. 1) [1990] 181 ITR 505. Shri Mahajan, learned counsel for the assessee, placed reliance on the decision of this court in CIT v. Gurkartar Steels Pvt. Ltd. [1994] 209 ITR 634 and argued that the question relating to levy of interest is not a question of law which deserves to be referred to the High Court .....

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..... 05 (Delhi), this court as well as the Delhi High Court have treated a similar question to be a question of law. We respectfully agree with that view. Accordingly, the petition is allowed and the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, is directed to refer the following question of law : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate .....

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