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TMI Blog1991 (1) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing two identical questions in all the six references before us : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the Income-tax Officer was neither competent to, withdraw interest already allowed under section 214 nor levying interest under section 217(lA) while revising the assessment under section 154/155 ? (2) Whether, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gher than the tax determined payable, the assessee was held entitled to interest on excess payment of tax under section 214 of the Act. The assessment of the firm was completed later. Though it was treated as an unregistered firm by the Income-tax Officer, the Appellate Assistant Commissioner in appeal treated it as a registered firm. The order of the Appellate Assistant Commissioner became fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation chart" to the assessee setting out the particulars of the tax which was determined as payable in the rectification order. Against this calculation memo also, the assessee preferred an appeal. Both the said appeals were dealt with together by the Appellate Assistant Commissioner and dismissed against which the assessee preferred two appeals to the Tribunal. The Tribunal held in the first inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 154. Sub-section (3) of section 154 reads as follows "154(3) An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard." ..... X X X X Extracts X X X X X X X X Extracts X X X X
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