1990 (1) TMI 2

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..... l under section 256(1) of the Income-tax Act, 1961 (" the Act"): "1. Whether, on the facts and in the circumstances of the case and having regard to the fact that the payment of interest to the assessee under section 214 of the Income-tax Act, 1961, up to the date of giving effect to the appellate order is a debatable point the Tribunal was justified in holding that the assessee's application un .....

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..... p to date of giving effect to the order of the appellate court. Section 214 provides for allowing interest to the assessee in the contingencies mentioned in that section. Section 214(1), inter alia, provides that on regular assessment from the 1st day of April, next following the said financial year to the date of the regular assessment for the assessment year immediately following the said financ .....

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..... opinions and it is very difficult to give a correct interpretation of the section. Therefore, in our view, when the meaning of the expression " regular assessment " is in dispute, the rectification proceedings would not have started for granting in the consequential order passed by the Income-tax Officer after the appellate proceedings. Question No. 1 is, therefore, answered in the negative and .....

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