COMMISSIONER OF INCOME TAX-II KANPUR Vs. COMMERCIAL MOTORS FINANCE LTD KANPUR

JUDGEMENT

(1.) Income tax appeal No. 32 of 2002, ITA No. 77 of 2002, ITA No. 78 of 2002, ITA No. 79 of 2002, ITA No. 366 of 2012, ITA No. 368 of 2012, ITA No. 369 of 2012, ITA No. 370 of 2012, ITA No. 371 of 2012, ITA No. 76 of 2002, ITA No. 289 of 2012 filed by the Revenue raise a common substantial question of law. The Appeal No. 367 of 2012 (earlier defective no. 23 of 2002) is being taken up as a leading appeal which was admitted on 1.5.2007 on the following substantial question of law :

(2.) The Income Tax Appeal No. 109 of 2002 (AY 1995-96), Appeal No. 247 of 2012 (AY 1996-97) and Appeal No. 246 of 2012 (AY 1997-98) have been filed by the assessee questioning the legality of reassessment proceeding under Section 10 of the Interest Tax Act, 1974 (in short the Act of 1974).

(3.) The appeals arise out of common order dated 28.9.2001 passed by the Income Tax Appellate Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as ITAT) relating to assessment years 1992 -93, to 1997 -98 filed by the respondent assessee.