1982 (2) TMI 120

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....ed in law as well as on facts in upholding the order of the 1d. ITO withdrawing the interest amounting to Rs. 1,380 allowed under s. 244(1A) by way of rectification under s. 154, which is arbitrary and unjustified. 2. That the provisions of s. 154 are not applicable in the instant case as there is no mistake apparent from record which could be rectified under s. 154. 3. That the order of the....

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....had submitted that interest under s. 244(1A) had rightly been allowed and had further submitted that the issue being not free from debate it could not be rectified under s. 154. The AAC, however, confirmed the action of ITO and rejected the first appeal of the assessee in this regard. 4. While contesting the action of the AAC, the 1d. Counsel for the assessee reiterated the same submissions as ....

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....d the assessment form and instead of not granting any interest whatsoever the clerk granted interest in the amount of Rs. 1,380. He did not see any debate about the issue and vehemently argued that the order of the AAC being in order, deserves to be confirmed. 6. After taking into consideration the rival submissions, we are unable to accept the contentions of the 1d. Dept1. Rep. on the short gr....