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2012 (9) TMI 1167

..... hri S.K. Singh ORDER Per R.S. Padvekar, JM The Revenue has filed the appeal challenging the impugned order of the Ld CIT(A) -I, Pune dated 7.3.2003 for the Block Period from 01.4.1989 to 08.12.1999. There was a search action against the assessee u/s. 132(1) of the Act on 8.12.1999. In consequence of the search and seizure action, the assessment of the assessee was completed u/s. 158BC(c) of the I. .....

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..... ; 3,00,000/-. He submits that in view of the Circular no. 3 of the CBDT dated 9.2.2011, the monetary limit for filing the appeal fixed by the CBDT is applicable even for appeals pending for admission or for final disposal. The Ld Counsel relied on the decision of the Hon ble High Court of Bombay in the case of CIT Vs. Pithwa Engineering 276 ITR 519 and Madhukar K. Inamdar 318 ITR 149 (Bom). The Ld .....

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..... .[A] erred in directing the learned Assessing Officer to charge the said interest. The aforesaid direction of the learned C.I.T.[A] being patently illegal and without authority of law the same deserves to be vacated. 4. We have heard the parties . The only grievance of the assessee is that the interest charged by the A.O u/s. 158BFA (1) is illegal as assessee filed the return of income within 45 d .....

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..... Ltd., 327 ITR 554 (Del.). He submits that he has no objection even if the issue of levy of interest is restored to the file of the A.O for reconsideration in the light of the principles laid down in the case of Mesco Airlines Ltd.(Supra). The Ld. D.R. has no objection. We, accordingly, restore the issue of levy of interest u/s. 158BFA(1) to the file of the A.O. for fresh consideration. Accordingl .....

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