A.K.Sengupta, J. - (1.) At the instance of the assessee, the following question of law has been referred to this court under Section 256(1) of the Income-tax Act, 1961 ("the Act"), for the assessment year 1970-71 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that no appeal would lie under Section 154 of the Income-tax Act, 1961, with reference to the levy of interest under Section 139 of the Income-tax Act, 1961 ?"
(2.) The facts relating to this reference, are that after the completion of the assessment, the Income-tax Officer found the interest chargeable under Section 139 of the Act should be Rs. 9,816 and not Rs. 9,214 as originally assessed. The assessee was given opportunity to raise objections when notice under Section 154 was served upon it. The assessee, however, did not raise any objection to the proposed enhancement. The Income-tax Officer, therefore, rectified the assessment under Section 154 by enhancing the interest payable under Section 139.
(3.) When the assessee went up in appeal before the Appellate Assistant Commissioner, he held that the order under Section 154 was not justified.;