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1 - 10 of 11 (0.36 seconds)Section 215 in The Income Tax Act, 1961 [Entire Act]
Section 246 in The Income Tax Act, 1961 [Entire Act]
Section 16 in The Income Tax Act, 1961 [Entire Act]
Section 33 in The Income Tax Act, 1961 [Entire Act]
Lohia Machines Ltd. & Anr vs Union Of India & Ors on 25 January, 1985
2. The first question admittedly stands concluded against the assessee by the decision of the Supreme Court in Lohia Machines Ltd. v. Union of India [1985] 152 ITR 308.
The Companies (Profits) Surtax Act, 1964
A. V. Thomas & Co., Ltd., Alleppey vs The Commissioner Of ... on 25 October, 1962
3. The second question is dependent on the answer to the third question and will be liable to be answered only if the third question is answered in favour of the assessee. But the third question now stands concluded against the assessee by the decision of a Full Bench of this court in A. V. Thomas and Co. Ltd. v. CIT [1986] 159 ITR 431. In view of the answer to question No. 3, it is unnecessary to answer question No. 2 as it does not arise for consideration. Question No. 2 is, therefore, declined to be answered.
Central Provinces Manganese Ore Co. Ltd vs Commissioner Of Income Tax on 15 July, 1986
4. So far as the fourth question is concerned, the question is whether the refusal of the Income-tax Officer to grant interest under Section 214 of the Income-tax Act on the excess of the advance tax payments is appealable under Section 246(c) of the Income-tax Act, 1961. The Tribunal held against the assessee relying on an unreported decision in Income-tax References No. 80 and 81 of 1972, a case which arose in relation to the liability for interest under Section 139(8) and Section 215 of the Act. The question of appealability in relation to the liability for interest under Sections 139(8) and 215 of the Act has been the subject of consideration by the Supreme Court in Central Provinces Manganese Ore Co. Ltd. v. CIT [1986] 160 ITR 961. The court considered the question of appealability under Section 246(c) of the Act. The appeal to the Appellate Assistant Commissioner in that case related only to the levy of interest under Sections 139(8) and 215 and no other part of the assessment was subject to the appeal. The Supreme Court observed that where an assessee objects to the amount of income assessed or to the amount of tax determined or to the amount of loss computed or to the status under which he is assessed, an appeal lies under Section 246(c).
National Products vs Commissioner Of Income-Tax, Mysore on 18 March, 1976
Inasmuch as the levy of interest is a part of the process of assessment, it is open to an assessee to dispute the levy in appeal provided he limits himself to the ground that he is not liable to the levy at all, Their Lordships approved the observations of the Karnataka High Court in National Products v. CIT [1977] 108 ITR 935, where the very same question was in issue and the court held that it is open to an assessee to contend in the appeal against an order of assessment that he is not liable to pay advance tax at all or the amount of advance tax determined as payable by the Income-tax Officer is not correct. But if the assessee does not dispute the amount of advance tax determined as payable by the Income-tax Officer, he cannot merely object to the levy of penal interest or question its quantum.