TMI Blog1984 (5) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of the present assessee on January 30, 1973. The return had been filed on January 19, 1971, showing an income of Rs. 9,962. In that order, no interest was charged under section 217 of the Income-tax Act, 1961. The income of the assessee was from Shankar Housing Corporation and M/s. Mahavir Singh Co. and the assessment was for Rs. 1,78,693 against the returned income of Rs. 9,962. By order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Officer's order was upheld, but the Tribunal set aside the same holding that it was not a case covered by section 154. One of the points urged was that there was no mistake in failure to charge interest in the circumstances of the case. This ground was accepted and the Tribunal never actually decided whether there was a mistake or not. A reference was sought under section 256(1) of the Act wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year in question was 1970-71 and at that time section 217 was confined to the persons referred to in section 212(3) and no other persons could be charged interest. The Tribunal held that before interest could be charged, it had to be held that section 212(3) was satisfied, i.e., the assessee had to be a person who had not been previously assessed in any regular assessment ; and, secondly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unfit for the application of section 154. Even now, we do not know the facts relevant to rule 40 and the application of section 217 as it existed at the relevant time. So, we think it is a question of fact rather than a question of law. And as the facts are not ascertained, we do not see how a question of law arises. In the circumstances, we are compelled to reject the application, but leave th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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