Commissioner of Income Tax vs Bishal Enterprises

V.S. Sirpurkar, J.

The common question referred to us for our consideration at the instance of the revenue is as follows :

"Whether, on the facts and in the circumstances of the case, interest u/s 139(8) and u/s 217 of the Income Tax Act, 1961, is leviable in this case for the assessment years 1979-80 and 1980-81 since the assessments have been completed for the first time u/s 147 read with section 143(3) ?"

The learned senior counsel pointed out that though the assessee was not technically served, an intimation to his counsel was given who had undertaken to file his vakalat. However, the learned counsel today appears and says that the assessee does not want to come forward to contest the matter. Hence, the assessee shall be deemed to have been served.

The learned senior standing counsel for the department contends that this question is covered in favour of the revenue by the judgment of this court in Commissioner of Income Tax Vs. S. Antony, , wherein it had already been held that the interest under sections 139(8) and 217 of the Income Tax Act, 1961, is leviable even in the case of the assessments, which have been completed for the first time u/s 147 read with section 143(3) of the Act. In that view, the question is answered against the assessee and in favour of the revenue. No costs.