2001 (7) TMI 29

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.... has been referred to this court for its opinion under the provisions of section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act"), by the Income-tax Appellate Tribunal, Ahmedabad Bench 'A". "Whether, on the facts and in the circumstances and in law the Tribunal was right in coming to the conclusion that the interest under section 215 of the Income-tax Act could not be lev....

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.... by the order, the assessee filed an appeal before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) had quashed the order on the ground that the assessee was not heard before the order was passed by the Assessing Officer. Being aggrieved by the order passed by the Commissioner of Income-tax (Appeals), the Revenue filed an appeal before the Tribunal. The Tribunal....

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....and in view of the legal position, which prevailed at the relevant time, it came to the conclusion that the Assessing Officer was not empowered to levy or increase the amount of interest under section 215(3) of the Act. Looking to the provisions of section 215(3) of the Act, it is very clear that for the assessment year 1979-80, the Assessing Officer had no power to levy further interest under se....