Sabyasachi Mukharji, J. - (1.) In this reference under Section 256(1) of the I.T. Act, 1961, for the assessment year 1967-68, we are concerned with only one question, namely : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that no appeal lay before the AAC as the only point involved therein related to interest under Section 214 ?"
(2.) The ITO made provisional assessment under Section 141A on 3rd January, 1969, determining the excess advance tax refundable at Rs. 9,80,858. This order was rectified on February 26, 1969, and a further refund of interest of Rs. 1,40,260 under Section 214 was allowed to the assessee. On March 30, 1972, the ITO made an assessment under Section 143(3) computing the total tax payable at a figure of Rs. 79,506 which was adjusted against the refund due for the assessment year 1961-62.
(3.) The matter went up in appeal before the AAC, who gave some reliefs to the assessee. On December 29, 1972, the ITO gave effect to the AAC's order as a result of which a sum of Rs. 1,80,136 became refundable. The assessee filed an appeal to the AAC against this order of the ITO giving effect to the AAC's order. It may in this connection be mentioned that the ITO in his order dated May 30, 1972, had, inter alia, held as follows : JUDGEMENT_842_ITR127_1981Html1.htm;