TaxTMI 
TaxTMI 
2009 (10) TMI 420
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....h interest is not mentioned in the assessment order though the same is charged as per tax calculation sheet forming part of the assessment order ?" 2. The relevant facts may be briefly noticed at the very outset. 3. Pursuant to an order dated June 26, 2002, passed by the learned Income-tax Appellate Tribunal, Gauhati Bench (hereinafter referred to as "the Tribunal") under section 254 of the Act, the Assessing Officer finalised the assessment of the respondent for the year 1992-93 by an order dated December 23, 2003. By the said order the Assessing Officer determined the total income of the assessee for the year in question at Rs.25,24,155. No specific order levying interest was recorded by the Assessing Officer. However, in the comput....
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....er section 156 of the Act. It is in such a situation that it was held that "notice of demand under section 156 of the Act cannot go beyond the assessment order" . However, in the present case, the tax payable along with interest was computed in the computation sheet prepared in the prescribed form (ITNS 150) which was appended to the assessment order itself. Placing the decision of the apex court in Kalyankumar Ray v. CIT [1991] 191 ITR 634 (SC), Sri Bhuyan has contended that in the facts of the present case it should be held that the computation sheet is a part of the assessment order which was duly served on the assessee. The said computation having clearly shown the basis for levy of interest under sections 234B and 234C the Act, accordi....
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....ituted for an order levying/imposing interest. In the present case, no order for levy of interest had been passed in the assessment order. The learned counsel has also argued that though the levy of interest under sections 234B and 234C of the Act is mandatory, the said mandate cannot be enforced without following the parallel mandatory requirement of levy of interest by means of the assessment order itself. 7. Sri Borthakur, learned counsel has also pointed out the preconditions stipulated by sections 208 and 210 of the Act to attract the liability to pay advance tax in order to further demonstrate the requirement/necessity of an order levying interest in a case of alleged failure to pay advance tax. The learned counsel has contended th....
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....and, therefore, has to be treated as a part of the assessment order though the apex court has qualified the same to be in a wider context. The conclusion of the apex court in Kalyankumar Ray [1991] 191 ITR 634 to the effect that the Income-tax Officer having signed the computation sheet in Form No. ITNS 150 had complied with the statutory provisions, therefore, would be more appropriate to govern the facts of the present case. The levy of interest and the basis for arriving at the quantum thereof having been explicitly indicated in the computation sheet in Form No. ITNS 150. We do not find any good reason to take the view that the levy of interest in the present case was unauthorized as held by the forums below including the learned Tribuna....