1985 (3) TMI 18

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....e questions of law sought to be raised in this petition are said to arise out of the order of the Tribunal dated October 10, 1980. The facts of the case are that the assessee had contested the levy of penal interest under section 215 of the Income-tax Act, 1961, before the Incometax Officer. The Income-tax Officer had waived the penal interest for all but one year. When an appeal was taken before ....

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.... also raised. The Tribunal did not say anything on the merits as to whether the interest was to be waived or not, but merely affirmed the order of the Appellate Assistant Commissioner. Later on, an application for rectification was moved stating that the counsel had not argued the question of penal interest on merits under the assumption that the preliminary objection was to be dealt with and t....

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....had been held that the question of penal interest could be argued before the Appellate Assistant Commissioner. Mr. Wadhera urged that, in fact, the Tribunal had altered its original order by rectifying the same. According to him, the original order had affirmed the order of the Appellate Assistant Commissioner and so there was no ground for rectifying the same. The real controversy, therefore, ....