COMMISSIONER OF INCOME TAX Vs. RAM BAI GUPTA

JUDGEMENT

(1.) THE Tribunal, Allahabad, has referred the following question of law under s. 256(1) of the IT Act, 1961 (hereinafter referred to as the Act) for opinion to this Court : "Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the assessments for asst. yrs. 1978 -79 and 1979 -80, which were completed after issuing the notices under s. 148, could not be termed as 'regular assessment' within the meaning of s. 139(8) and s. 217 of the IT Act, 1961 -

(2.) THE present reference relates to the asst. yrs. 1978 -79 and 1979 -80.

(3.) BRIEFLY stated the facts giving rise to the present reference are as follows : The respondent has been assessed for income -tax in the status of individual. For the assessment years in question, the return of income was filed beyond the prescribed period, therefore, in order to regularise the returns, notices under s. Act. Interest as per rule was also directed to be charged. Feeling aggrieved, the respondent preferred separate appeals before the AAC, against the levy of interest under s. 139(8)/217 of the Act. The AAC allowed the appeal on the ground that the levy of interest in assessment under s. 148 of the Act was not justified. Feeling aggrieved, the Revenue preferred appeals before the Tribunal. The Tribunal has upheld the order passed by the AAC and has dismissed both the appeals.