- (1.) Civil Appeal No. 1169 of 2006.
(2.) THE present appeal by the Revenue raises a question which lies within a very narrow compass. On the facts of the present case, it is an admitted position that the assessment order dated 29.03.1995 of the Assistant Commissioner of Income Tax, New Delhi, does not contain any direction for the payment of interest. The appellate order in the present case merely stated that interest is payable Under Section 234B of the Income Tax Act (hereinafter referred to as 'Act'), without more.
(3.) IN the first round, before the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT'), the ITAT's attention was not drawn to the payment of interest at all. On an application made, the ITAT by its order dated 12.11.2002 specifically held that since no direction had actually been given in the assessment order for payment of interest, the present case would be covered by the decision of this Court reported in 'Commissioner of Income Tax and Ors. v. Ranchi Club Ltd. : (2001) 247 ITR 209 which merely dismissed the appeal affirming the High Court judgment reported in 'Ranchi Club Ltd. v. Commissioner of Income Tax' : (1996) 217 ITR 72.;