1988 (10) TMI 10

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....ng question of law has been referred to this court under section 256(1) of the Income-tax Act, 1961 ("the Act"), for the assessment year 1970-71 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that no appeal would lie under section 154 of the Income-tax Act, 1961, with reference to the levy of interest under section 139 of the Income-t....

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....st the order under section 154 in the circumstances of the case and that the payment of tax was an ad hoc payment as it was beyond the prescribed time and that this payment could not be treated as payment towards advance tax. The assessee, on the other hand, contended that an appeal lies against the order under section 154 and that the Income-tax Officer himself in his order of rectification under....

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....ted. Accordingly, he revised the calculation. He had increased the interest from Rs. 9,245 to Rs. 9,816 directing the assessee to pay the difference of Rs. 571. This, in fact, is rectification of the assessment under section 154 which provides for an appeal. One has to look to the substance of the matter and not to the form. The question here is not whether interest is leviable. The dispute pertai....