1991 (2) TMI 107

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.... J. -This is a case of a cross reference. The Income-tax Appellate Tribunal has referred to this court one question of law each at the instance of the assessee and the Department under section 256(1) of the Income-tax Act, 1961. The proceedings relate to the assessment year 1971-72. The questions read thus : At the instance of the assessee : "Whether the Tribunal was right in holding that....

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....G. [1977] 108 ITR 961, the question of law referred to us at the instance of the assessee requires to be answered thus : The assessee will have no right of appeal to the Appellate Assistant Commissioner merely against the quantum of penal interest charged, that is to say, merely for the purpose of raising a contention that the interest charged is excessive or should be reduced or should have be....