V.K.SINGHAL,J. - (1.) ON the request of the Revenue, the Tribunal has referred the following question of law arising out of its order dt. 3rd Sept., 1984 in respect of asst. year 1972 73 : "Whether, on the facts and in the circumstances of the case the Tribunal was justified in not upholding the interest charged by the ITO under S. 139(8) and 217 of the IT Act, 1961 while completing the assessment for the first time under S. 143(3)/147 of the IT Act, 1961 ?"
(2.) THE facts of the case are that in this case a notice under S. 148 was issued by the ITO to the assessee who is a partner in the firm M/s. Kapoor Chand Ram Chand, Alwar. A property was constructed at Alwar by Kapoor Chand and the total cost of construction was not disclosed as no return was filed under S. 139(1) and, in pursuance of the notice issued under S. 148, the return was filed. The interest under S. 139(8) as well as under S. 217 was charged from the assessee. Against the said order an appeal was preferred to the AAC who found that there is nothing illegal in charging of interest and since the income was to be determined in accordance with the order of AAC, it was directed that recalculation be made accordingly. In the second appeal before the Tribunal, it was observed that the assessment under S. 147 is not a regular assessment and, therefore, interest under S. 217 and 139(8) cannot be charged. It was also submitted that even first assessment under S. 148 cannot be considered to be a regular assessment within the meaning of S. 214 of the IT Act r/w ss. 217 and 139(8). The Tribunal held that charging of interest was not justified. We have considered over the matter. The point in controversy is already concluded by the decision of this Court in the case of CIT vs. Mannalal Nirmal Kumar (1992) 106 CTR (Raj) 144 : (1992) 198 ITR 556 (Raj) : TC 4R.924, Charles D' Souza vs. CIT (1984) 40 CTR (Kar) 353 : (1984) 147 ITR 694 (Kar) : TC 4R.903, S. Mageshwari vs. Asstt. CIT (1993) 109 CTR (Kar) 301 : (1993) 201 ITR 472 (Kar) : TC 9R.512, CIT vs. Triple Crown Agency (1993) 116 CTR (Gau) 423 : (1993) 204 ITR 377 (Gau) : TC 9PS.17 and CIT vs. Smt. Padam Kumari Surana (1994) 207 ITR 155 (Raj).
(3.) LOOKING to the opinion already given by this Court, we are of the view that the Tribunal was justified in not upholding the interest charged by the ITO under ss. 139(8) and 217 of the IT Act, 1961 while the assessment for the first time, were framed under S. 143(3)/147 of the IT Act, 1961.;