1994 (11) TMI 15

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..... the instance of the assessee, the Tribunal referred the following question for our opinion under section 256(1) of the Income-tax Act, 1961 : (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the order under section 263 was a proper and valid order and that the jurisdiction under section 263 has been validly invoked ? (2) Whether, on .....

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..... x Officer, in the original assessment, did not charge interest under section 215 of the Income-tax Act. The Commissioner invoking the provisions of section 263 of the Act came to the conclusion that the order passed by the Income-tax Officer is erroneous and prejudicial to the interests of the Revenue. Accordingly, the Commissioner directed the Income-tax Officer to consider the applicability of t .....

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..... and 2 in the affirmative and against the assessee. So far as the third question is concerned, the Tribunal came to the conclusion that the Income-tax Officer has not considered the question of charging interest under section 215 of the Income-tax Act and, therefore, the order passed by the Income-tax Officer was erroneous and prejudicial to the interests of the Revenue. Accordingly, the Tribunal .....

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