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2002 (11) TMI 36 - HC - Income Tax"1. Whether, Tribunal was justified in law in upholding the Commissioner of Income-tax (Appeals) decision cancelling interest under section 234A of the Income-tax Act, levied by the Assessing Officer on the basis of income determined invoking the provisions of section 115J of the Income-tax Act? 2. Whether, Tribunal was justified in upholding the action of the Commissioner of Income-tax (Appeals) in assuming jurisdiction to adjudicate on the mandatory levy of interest under section 234B especially in the light of the fact that the assessee had income making it liable to advance tax even without applying the provisions of section 115J of the Income-tax Act?" - We answer both the questions of law referred to us in the negative, in favour of the Revenue and against the assessee.
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