9911796707
TMI Blog1982 (7) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 ? The material facts giving rise to this reference, as set out in the statement of the case, briefly are as follows: The assessee is a registered firm deriving income from manufacture and sale of urad, mogar, dal, etc. The assessment year in question is 1974-75, and the relevant accounting year ended on October 26, 1973. The said firm was a new assessee and was, therefore, required to file all estimate of advance tax under sub-s. (3) of s. 212 of the Act. The ITO, while passing the assessment order, held that the assessee was liable to pay interest u/s. 217 of the Act. The question as to whether the assessee had failed to file an estimate of advance tax u/s. 212(3) of the Act was, however, not dealt with in the assessment order. Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half. In reply, Shri Chaphekar, learned counsel for the assessee, contended that in the instant case, the assessee had not raised in the appeal merely the question of his liability to pay interest u/s. 217 of the Act. It was contended that s. 246(c) of the Act conferred a right on an assessee to prefer an appeal, where the assessee objected to the amount of income assessed and as there was a valid and competent appeal before the appellate authority, that authority had jurisdiction to determine the validity of the entire order of assessment, which included the levy of interest u/s. 217 of the Act. Now, in the instant case, the assessee preferred an appeal assailing certain additions made by the ITO and the levy of interest u/s. 217 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bom) and including the decisions of the Supreme Court in McMillan Co. [1958] 33 ITR 182 (SC), Shapoorji Pallonji [1962] 44 ITR 891 (SC), Kanpur Coal Syndicate [1964] 53 ITR 225 (SC) and Hardutroy Chamaria [1967] 66 ITR 443 (SC), that in disposing of an appeal before him, the AAC can travel over the entire range of the assessment order. He can bring in for assessment sources which have been considered or processed by the ITO even though the ITO might have failed to bring them to tax. In other words, the powers of the AAC in disposing of an appeal are very wide and plenary, wider even than those of the Tribunal. It is open to him to consider every aspect of the assessment order and give appropriate relief or directions. In this view again t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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