1998 (4) TMI 93

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....ri Balasubramania Mills Ltd., Uppilipalayam, Coimbatore. The assessment year involved is 1981-82, for the accounting year ending on December 31, 1980. The assessee ought to have filed its return on or before June 30, 1981. But, there is a delay caused in the filing of return by the assessee. As a matter of fact, the assessee filed its return on December 26, 1981, i.e., to say, after a delay of fiv....

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....tion 139(8) and deleting the levy of interest under section 217. On further appeal, the Tribunal upheld the order of the Commissioner of Income-tax (Appeals) on the levy of interest under section 139(8) besides ordering restoration of the levy of interest under section 217 as had been done by the Income-tax Officer. It is on these facts, the Tribunal, at the instance of the assessee, referre....

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....ntroversies as arising from the order of the Tribunal. The assessee succeeded before the Tribunal, on the question of levy of interest under section 139(8). The Revenue did not agitate such aspect of the matter by way of reference. The levy of interest under section 217 went against the assessee, in the sense of the Tribunal ordering the restoration of the levy of interest under section 217 by the....

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....arned counsel, representing Subbaraya Aiyar, learned counsel appearing for the applicant, and of Mrs. Chitra Venkataraman, learned junior standing counsel, representing the Revenue, were heard. The Income-tax Officer cannot at all be expected to blow hot and cold at one and the same time. The payments made on the aforesaid three dates amounting to Rs. 10,60,500 before the completion of the acco....