1989 (3) TMI 44

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....lowing question of law under section 256(1) of the Income-tax Act, 1961 ("the Act"), to this court "Whether, on the facts and in the circumstances of the case and on a correct interpretation of section 246 of the Income-tax Act, 1961, the Tribunal was right in holding that an appeal would lie before the Appellate Assistant Commissioner against the levy of interest under section 139 of the said ....

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.... question of applicability on the point of levy of interest has now been gone into and decided finally by the Supreme Court in the case of Central Provinces Manganese Ore Co. Ltd. v CIT [1986] 160 ITR 961 in which the Supreme Court had observed that interest was levied under section 139(8) or section 215 of the Act and the levy of interest was a part of the process of assessment. Although section ....