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2016 (4) TMI 712 - HC - Income TaxCharge of interest under Section 158 BFA (1) - Tribunal held that charge of interest under Section 158 BFA (1) were automatic and the same were leviable from the date of service of the first notice without an effective and proper communication of the order under Section 127 of the Act transferring jurisdiction from one Officer to the another - Held that:- The facts which are not in dispute are that notice under section 158BC of the Income Tax Act was issued on 24.12.2002 which was received by assessees on 04.01.2003. However, the assessees filed their return on 16.07.2004. The assessing officer calculated interest for the period starting from December, 2002 till the date of filing of the return. It is not disputed that the notice dated 23/ 24.12.2002 was issued by the transferee officer. It is only the order under Section 127 of the Act which was served on the appellants in September, 2003. The appellants were bound to comply with the notice and file their return and failure to file the return would attract interest under Section 158 BFA. - Decided in favour of the revenue.
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