1988 (11) TMI 62

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....law in this reference at the instance of the assessee reads thus : "Whether an appeal lies against an order charging interest of Rs. 11,475 under proviso (iii) to section 139(1) of the Income-tax Act, 1961, to the Appellate Assistant Commissioner of Income-tax ?" The facts are admitted. The assessment of the assessee, a registered firm, for the assessment year 1966-67 was completed on a tota....

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....ion in the case of Mathuradas B. Mohta v. CIT [1965] 56 ITR 269 and held that the appeal against levy of interest under proviso (iii) to section 139(1) was not competent. Further appeal of the assessee to the Tribunal met the same fate. Placing reliance on the Supreme Court's decision in the case of Central Provinces Manganese Ore Co. Ltd. v. CIT [1986] 160 ITR 961, Shri Rajagopal, learned coun....