9911796707
TMI Blog2007 (11) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... sued under section 156 of the Act and for defaulting in payment of tax beyond the permitted period. 2. It appears, the assessee, for the assessment years 1992-93, 1994-95 and 1995-96 had not filed his returns in time and the income-tax authorities had occasion to issue notice under section 148 of the Act calling upon the assessee to file returns for those years and after great persuasion and prodding, the assessee appears to have filed returns. Thereafter, the Assessing Officer had assessed the assessee and the assessee had appealed against the assessment order one appeal to the Commissioner of Income-tax (Appeals) and another appeal to the Tribunal also and it is the submission of Sri Shankar, learned counsel for the petitioner that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e specified by him in the notice of demand. (2) If the amount specified in any notice of demand under section 156 is not paid within the period limited under sub-section (1), the assessee shall be liable to pay simple interest at one per cent. for every month or part of a month comprised in the period commencing from the day immediately following the end of the period mentioned in sub-section (1) and ending with the day on which the amount is paid: Provided that, where as a result of an order under section 154, or section 155, or section 250, or section 254, or section 260, or section 262, or section 264 or an order of the Settlement Commission under sub-section (4) of section 245D, the amount on which interest was payable under this sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-section (3), as the case may be, at the place and to the person mentioned in the said notice the assessee shall be deemed to be in default." 5. Learned counsel further submitted that the impugned order at annexure A denying benefit to the assessee is bad for not showing such awareness; that it is not a speaking order and is liable to be quashed and at the worst, the matter can be remanded to the Commissioner for re-examination in the light of the statutory provisions and to pass orders afresh. In this regard, the learned counsel for the petitioner would rely on a decision of the Madras High Court reported in P. Ramasamy v. CIT [1999] 237 ITR 169. Learned counsel also submits that the petitioner has no other remedy other than to approach ..... X X X X Extracts X X X X X X X X Extracts X X X X
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