1992 (9) TMI 25

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....ax Act, 1961 (referred to as "the Act"). By that notice, the income-tax authorities have sought to rectify an order of assessment dated August 21, 1979, in so far as it relates to the payment of interest under section 214 of the Act. In my view, the impugned notice cannot be sustained on the simple ground that the income-tax authorities would have no reason to be aggrieved by the order of assessm....

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.... Income-tax Officer was directed to make a fresh assessment in respect of the assessment order in question, according to the guidelines laid down by the Commissioner in his order. The Income-tax Officer then reassessed the petitioner for the assessment year in question and passed an order on August 21, 1979, by which the Income-tax Officer has found that a sum of Rs. 44,94,750 was refundable to t....

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....n passed on August 22, 1980, a further interim order was passed restraining the respondents from passing any final order. The only dispute, according to the respondents, that could arise regarding the payment of interest under section 214 is whether the regular assessment was from the date of the original order passed on March 10, 1975, or the order passed on August 21, 1979. The respondents reli....