Quantum appeal became infructuous after taxability of interest income was accepted, leaving only a possible penalty issue.

The quantum appeal became infructuous because the assessee ed the taxability of the disputed interest on land compensation and did not contest the assessed income before the appellate forum. With only concern remaining as to the effect of an unverified return filed in reassessment proceedings and a possible penalty, there was no live issue on the assessment itself for adjudication. Any challenge to penalty could arise only if penalty was actually imposed in accordance with law.

---

---

Issues: Whether the quantum appeal survived when the assessee ed the taxability of the disputed interest income and sought relief only against possible penalty action.

Analysis: The assessee did not dispute the assessed income before the appellate forum and accepted that the interest on land compensation was taxable. The dispute remained only about the effect of the unverified return filed in reassessment proceedings and the apprehension of penalty. Since the assessment issue itself was no longer in controversy, the appeal did not present a live quantum dispute for adjudication. Any challenge to penalty could arise only if and when penalty was imposed in accordance with law.

Conclusion: The appeal was held to be infructuous and was dismissed.

---