COMMISSIONER OF Income Tax vs RAJASTHAN INDUSTRIAL AND CHEMICAL CORPORATION.

JAIPUR BENCH

This reference u/s 256(1) of the Income Tax Act, 1961, is at the instance of the Revenue to decide the following question of law :

"Whether, on the facts and in circumstances of the case, the Tribunal was justified in directing the Appellate Assistant Commissioner of Income Tax to entertain an appeal against the levy of interest u/s 139(8) of the Income Tax Act, 1961 ?"

The relevant assessment year is 1973-74. The Income Tax Officer completed the assessment on an income of Rs. 1,01,290 and directed recovery of penal interest from August 16, 1973, to the date of filing of the return in response to the notice. The amount of penal interest was computed at Rs. 13,195. The assessee filed a quantum appeal to the Appellate Assistant Commissioner and therein also assailed the imposition of interest charged u/s 139(8) of the Act. The Appellate Assistant Commissioner held that the appeal was not competent against the imposition of interest u/s 139(8). On the assessees further appeal to the Tribunal, it was held that the appeal was tenable also in respect of the penal interest levied on the assessee, and accordingly, the Appellate Assistant Commissioner was directed by the Tribunal to rehear the appeal. Aggrieved by the view taken by the Tribunal the Revenue sought this reference for deciding for deciding the above question of law.

It is well settled and no longer in controversy that at least in the quantum appeal against the order of assessment, the assessee can also assail the levy of penal interest in addition to assailing the liability to be taxed according to the assessment order. Reference is made to Commissioner of Income Tax Vs. Associated Stone Industries (Kotah) Ltd., Commissioner of Income Tax Vs. Devichand Pan Mal, and Barmer Disposal Auto-Parts Vs. Commissioner of Income Tax, Following these decision of this court, the reference has to be answered against the Revenue.

Consequently, the reference is answered against the Revenue and in favour of the assessee by holding that the Tribunal was justified in directing the Appellate Assistant Commissioner to entertain the appeal which was also against the levy of interest u/s 139(8) of the Act.

No order as to costs.