1986 (3) TMI 58

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..... eferred 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 law in holding that charging of interest under section 217 is not appealable along with the other grounds of appeal of the assessee arising out of the order o .....

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..... x Officer to look into the question of levy of interest under section 217 of the Act after taking into consideration the fact that for the purpose of levy of interest, payment made on 31st March would have to be treated as having been made within the financial year. Aggrieved by the order passed by the Commissioner of Income-tax (Appeals) directing the Income-tax Officer to reconsider the question .....

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..... that if there was a valid and competent appeal before the Appellate Assistant Commissioner, then no restriction could be placed on the powers of the Appellate Assistant Commissioner to deal with the order of assessment and that the question of liability of the assessee to pay interest under section 217 of the Act formed part of the order of assessment. Following that decision, it must be held that .....

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