TMI Blog1988 (11) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 total income of Rs. 98,445. Besides determining the tax payable by the firm, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 counsel for the assessee, submitted that levy of interest is a part of the process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y light on it as the grounds of appeal had not been made part of the statement of case. In the circumstances, it is not possible to accept that the challenge to levy of interest under section 139(1) was on one of the grounds mentioned in the Karnataka High Court's decision (National Products v. CIT [1977] 108 ITR 935) or falls within the purview of the Supreme Court decision cited by Shri Rajagopa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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