1978 (3) TMI 40

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..... assessment year 1968-69, the assessee filed his return beyond time. The ITO assessed his income at Rs. 31,500. He also levied interest under s. 139(1) for filing the return beyond time. The AAC confirmed this order. Before the AAC, no arguments were advanced against the levy of interest. The assessee went up to the Tribunal which held that the income from undisclosed sources was liable to be fixe .....

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..... as payable had been reduced in appeal. It is, therefore, not right for the learned counsel for the assessee to suggest that if an order levying interest is not appealable, the assessee would be without a remedy. In the result, we answer the question referred to us in the affirmative, in favour of the department and against the assessee. The Commissioner will be entitled to costs which are assess .....

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