Commissioner of Income Tax vs Castrol Ltd.

T.D. Sugla, J.—Two question of law have been referred to this court by the Tribunal as the instance of the Department. They read thus :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the order of the Income Tax Officer to give effect to the appellate order is itself a fresh assessment order u/s 143/144/147 and hence the assessee was entitled to appeal against such order section 246 of the Income Tax Act, 1961 ?

(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to interest u/s 214 on the excess amount of tax paid with reference to the tax payable by the assessee as per the Tribunal''s order ?"

Counsel are agreed that the second question has to be answered in the negative and in favour of the Revenue in view of the Full Bench judgment of this court in Commissioner of Income Tax, Bombay City - IV Vs. Carona Sahu Co. Ltd., . Counsel are also agreed that if the second question is answered in the negative and in favour of the Revenue, the first question would become academic and need, not, therefore, be answered. In the above view of the matter, the first question is not answered and the second question is answered in the negative and in favour of the Revenue. No order as to costs.