INCOME TAX APPELLATE TRIBUNAL, JODHPUR
S.R. Chauhan, P.M. JAGTAP, JJ.
Raichand Hundia -Appellant
Versus
Deputy Commissioner of Income-tax -Respondent
ITA NOS. 255 TO 257/JP/1994;
Decided On : 25-08-2000
S.C. Loonker,R.N. Jangid
S.R. Chauhan, JM. : As the above three appeals involve common points, so we are disposing them off by this common order for the sake of convenience.
2. ITA Nos. 255/Jp/94, 256/Jp/94 and 257/Jp/94 are appeals by assessee for assessment years 1986-87, 1987-88 and 1988-89, respectively, and are directed against three separate orders of CIT(A), Jodhpur, each dated 10th December, 1993.
3. The original regular assessments for assessment years 1986-87, 1987-88 and 1988-89 were completed on 14th August, 1986, 16th October, 1987 and 14th October 1988, respectively.
However, the said regular assessments were reopened and reassessments were made under section 143(3)/148 for the above three years on 29th March, 1993. In the said reassessments, the Assessing Officer charged interest under sections 139(8) and 215 of the Income-tax Act, 1961, in the all the above the assessment years. Aggrieved thereby, the assessee preferred appeal before CIT(A) who vide his aforesaid impugned orders for the three assessment years confirmed the interest levied under sections 139(8) and 215. Hence aggrieved, the assessee has carried this matter in appeal before the Tribunal.
4. We have heard the arguments of both the sides and also perused the records.
5. The assessee has raised one common ground in all the above three appeals and the said ground disputes the charging of interest levied under sections 139(8) and 215 of the IT Act in reassessments framed under section 148. The learned authorised representative of assessee has contended that the interest under sections 139(8) and 215 IT Act, 1961, cannot be charged in reassessment framed under section 148 and that the said interests can be charged only in regular assessment which is framed under section 143 or 144 of the IT Act. He has cited CIT v. Mannalal Nirmal Kumar [1992] 106 CTR (Raj.) 144/[1992]
6. As against the above, the learned Departmental Representative of Revenue has contended that no appeal lies against levy of interest alone, though if other grounds are also there with the assessee, can challenge in appeal the levy of interest also along with the other grounds. He has cited ANZ Grindlays Bank PLC v. CIT [1999] 157 CTR (Cal.) 161/[2000]