1987 (8) TMI 27

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..... ing question of law "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the Appellate Assistant Commissioner of Income-tax to entertain an appeal against levy of interest under section 139(8) of the Income-tax Act, 1961 ? " The relevant assessment year is 1973-74. The Income-tax Officer completed the assessment on an income of Rs. 1,01,290 and d .....

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..... this reference for deciding the above question of law. It is well settled and no longer in controversy that at least in the quantum appeal against the order of assessment, the assessee can also assail the levy of penal interest in addition to assailing the liability to be taxed according to the assessment order. Reference is made to CIT v. Associated Stone Industries (Kotah) Ltd. [1981] 130 ITR .....

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