2009 (11) TMI 520

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.... Deepak Gupta, J.(Oral) By means of this Income Tax Reference, the following questions have been referred for the opinion of this Court:- "i) Whether on the facts and in the circumstances of the case, the ITAT was right in law in coming to the conclusion that in revision order passed u/s 154/155, for charging interest u/s 139(8) & 215 the application of the provisions of section 154(3) ar....

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....ication under Section 154/155 of the Act on completion of assessment of the said firms. Subsequently the assessing officer with a view to take into consideration the share of the assessee's income from the firms issued notices to the assessee on 9.8.1991 under section 154/155 and after obtaining no objection of the assessee, fresh assessment was framed on 4.9.1991 adding the difference to the alre....

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....e revenue sought reference and the questions aforesaid have been referred for the decision of this court. It would also be pertinent to mention here that other appeals/references arising out of the same order have been disposed of by a detailed judgment passed by another Division Bench of this Court in ITA Nos.8, 9, 12 and 14 of 1999 decided on 17th June, 2008. The said Division Bench, following t....

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....y to the Income Tax Officer after such order has been made to show that a reduction or waiver of interest is justified. Admittedly, in the present case the assessee did not exercise his right under Section 155(4) of the Act. In view of the aforesaid discussion and the observations made by the Apex Court, the assessee's appeal was not maintainable as the same was filed only against the levy of inte....