ORDER :

Leave granted.

2. The matter is heard finally with the consent of the learned counsel for the parties. The issue for consideration relates to the Assessment Year 1997-98 under the Interest Tax Act, 1974 (hereinafter referred to as 'the Act'). The admitted facts are that on the return filed by the appellant/assessee for this Assessment Year, no assessment order was passed. However, much after the last date of the Assessment Year is over, the Assessing Officer sought to re-open the assessment by issuing notice under Section 10 of the Act and thereafter proceeded to re-assess the interest chargeable under the aforesaid Act. The matter was carried in appeal by the assessee. The main contention of the assessee was that when there was no assessment order even passed in the original proceedings there was no question of re-opening the so-called assessment and make the re-assessment. The Commissioner of Income Tax (Appeals) accepted the aforesaid contention and set aside the re-assessment order. This order was upheld by the Income Tax Appellate Tribunal (hereinafter referred to as 'the Tribunal')as well. However, in further appeal filed by the Revenue before the High Court, the High C