9911796707
TMI Blog2002 (10) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... took up the assessment order in appeal before the Commissioner of Income-tax (Appeals), who granted relief to the appellant. The Assessing Officer gave effect to the appellate order in which interest under section 139(8) Rs. 8,805 and interest under section 215 Rs. 63,813 were levied. The appellant filed a petition for waiver of the interest levied under section 139(8) and also under section 215 of the Act before the Commissioner of Income-tax under section 264 of the Act. The Commissioner, as per order dated July 22, 1994, waived the interest levied under section 139(8), but declined to grant waiver of the interest levied under section 215. Regarding the levy of interest under section 215 of the Act, the Commissioner of Income-tax observed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled a revision under section 264 of the Income-tax Act for waiver of the interest levied under sections 139(8) and 215 of the Act, the Commissioner of Income-tax had considered only the waiver of interest under section 139(8) and left open the matter in regard to the levy of interest under section 215 for consideration by the Assessing Officer. Counsel further submits that the Tribunal was not justified in holding that no appeal will lie against the levy of interest under section 215 made by the assessing authority. He, in support of the above, relied on the decisions of the Karnataka High Court in CIT v. H.H. Rajkuverba Dowager Maharani Saheb of Gondal (Executors of the Estate of Late) [1978] 115 ITR 301 and of the Calcutta High Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evision under section 264 of the Income-tax Act read with rule 40 of the Rules, seeking for waiver of the interest. We find from the order of the Commissioner of Income-tax that the Commissioner has specifically noted the contention of the appellant regarding the waiver of interest as follows: "As regards interest under section 215, the assessee's representative stated that the return having been filed on December 17, 1986, and the assessment having been completed vide order dated March 15, 1989, and the delay in the completion of the assessment not being attributable to the assessee, the waiver of interest under section 215 may be sympathetically considered." We also find that the Commissioner has observed in that context that by giving ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40 of the Rules, he would not have entertained the appeal at all. The Tribunal, according to us, has rightly cancelled the order of the first appellate authority by holding that in view of the order passed by the Commissioner of Income-tax under section 264 of the Act, no appeal will lie against an order passed by the Assessing Officer giving effect to the appellate order and the consequential reduction of interest under section 215. The decisions of the Supreme Court and of the High Courts relied on by counsel for the assessee have no relevance on the facts of the case on hand. The appellant had applied before the Commissioner of Income-tax for waiver/reduction of the interest levied under section 215 which was declined. In the above ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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