9911796707
TMI Blog1988 (2) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... is reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as " the Act"), the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred the following question of law to this court for its opinion: "Whether, on the facts and in the circumstances of the case and on a proper interpretation of clause (f) of sub-section (1) of section 246 of the Income-tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Commissioner of Income-tax (Appeals). That appeal was dismissed on the ground that the appeal was not maintainable. The assessee then preferred a further appeal before the Tribunal. The Tribunal held that the order under section 154 of the Act, whereby interest was not granted on the amount of refund due, amounted to reducing the refund payable to the assessee, or in the alternative, refu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a refund is appealable. In the instant case, the Income-tax Officer rectified the order of assessment, but while granting the refund, he did not allow interest on the amount of refund. The order passed by the Income-tax Officer under section 154 of the Act had, therefore, the AA effect of reducing the amount of refund payable to the assessee and was, therefore, rightly held by the Tribunal to be a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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