1982 (7) TMI 14

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....entertain an appeal against charging of interest under section 217 of the Income-tax Act, 1961 ? The material facts giving rise to this reference, as set out in the statement of the case, briefly are as follows: The assessee is a registered firm deriving income from manufacture and sale of urad, mogar, dal, etc. The assessment year in question is 1974-75, and the relevant accounting year ended on October 26, 1973. The said firm was a new assessee and was, therefore, required to file all estimate of advance tax under sub-s. (3) of s. 212 of the Act. The ITO, while passing the assessment order, held that the assessee was liable to pay interest u/s. 217 of the Act. The question as to whether the assessee had failed to file an estimate of....

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....lding that the appellate authority had jurisdiction to give relief to the assessee in that behalf. In reply, Shri Chaphekar, learned counsel for the assessee, contended that in the instant case, the assessee had not raised in the appeal merely the question of his liability to pay interest u/s. 217 of the Act. It was contended that s. 246(c) of the Act conferred a right on an assessee to prefer an appeal, where the assessee objected to the amount of income assessed and as there was a valid and competent appeal before the appellate authority, that authority had jurisdiction to determine the validity of the entire order of assessment, which included the levy of interest u/s. 217 of the Act. Now, in the instant case, the assessee preferred a....