TMI Blog1989 (1) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... notices to the assessee, one under section 155 of the Income-tax 1961 (hereinafter referred to as "the Act"), for revision of his share and the other under section 154 of the Act for modifying the interest chargeable under section 139(8) and section 215/217 of the Act. In this case, we are only concerned with the notice regarding enhancement of interest under sections 139(8) and 215/217 of the Act. On behalf of the assessee, it was pleaded that interest could not be enhanced on the enhanced liability created by the appellate order, but the Income-tax Officer did not agree and by order dated November 21, 1978, directed that interest under sections 139(8) and 215/217 would be payable on the revised share income received by the assessee fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... --------------------------------------------------------------- Sections 139(8) and 215(3) as The provisions as they stood they stood prior to the on amendment made with amendment on 1-4-1985 effect from 1-4-1985 --------------------------------------------------------------------------------------------------------------------------------------------------- " 139(8)(b). Where as a result Where, as a result of an order of an order under section 154 or under section 147 or section 154 or section 155 or section 250 or section section 155 or section 250 or section 254 or section 260 or section 262 or 254 or section 260 or section 262 or section 264, the amount of tax on section 263 or section 264, the which intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income-tax Officer shall serve on the assessee, a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be a notice under section 156 and the provisions of this Act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded." --------------------------------------------------------------------------------------------------------------------------------------------------- From a plain reading of the provisions of sections 139(8) and 215(3), as they stood prior to the amendment made on April 1, 1985, it is clear that as a result of an order under section 155 of the Act and other sections mentioned in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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