9911796707
TMI Blog1988 (9) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... e under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee had no right to appeal to the Commissioner of Income-tax (Appeals) agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee thereupon preferred further appeal before the Tribunal. It was contended on behalf of the assessee that a substantial amount of refund was due to the assessee in estate duty proceedings and, therefore, if the amount of that refund was adjusted against the amount of income-tax payable by the assessee, no interest could be levied. The Tribunal did not uphold this contention and dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee was liable to pay interest under section 220(2) of the Act and from an order passed in that behalf, the appeal preferred by the assessee was not competent. Learned counsel for the assessee was unable to point out any provision of law, tinder which the amount, if any, refundable to the assessee under any other Act, could be set off against the amount of tax payable by the assessee unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, therefore, not attracted. The Tribunal was, therefore, justified in holding that, on the facts and in the, circumstances of the case, the assessee had no right to prefer an appeal from the order levying interest under the provisions of section 220(2) of the Act. For all these reasons, our answer to the question referred to this court is in the affirmative and against the assessee. In the circu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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