Law:

Section:

Section 254, read with section 256, of the Income-tax Act, 1961 - Appellate Tribunal - Powers of - Assessment years 1973-74 to 1976-77 - Tribunal directed Assessing Officer to grant interest to assessee on refund amount from a particular date to a particular date - Said order attained finality as same was not challenged by assessee or even by revenue - Accordingly, Assessing Officer worked out interest in favour of assessee - On appeal, Commissioner (Appeals) modified order of Tribunal and gave more relief to assessee which assessee was not entitled to get pursuant to order of Tribunal - Tribunal set aside said order on ground that once order of Tribunal attained finality, lower taxing authorities were bound to carry out those orders and had no jurisdiction to pass any order contrary to order passed by Tribunal - Whether no question of law arose out of order passed by Tribunal - Held, yes FACTS For the relevant assessment years, the Tribunal gave direction to the Assessing Officer to grant interest to the assessee on the refund amount from a particular date to a particular date. This appellate order of the Tribunal attained finality as the same was not challenged by the assessee or even by the revenue by taking up the issue to the High Court in reference. Accordingly, the Assessing Officer worked out the interest in favour of the assessee. On appeal, the Commissioner (Appeals) modified the order of the Tribunal and gave more relief to the assessee which the assessee was not entitled to get pursuant to the order of the Tribunal. On revenue's appeal, the Tribunal set aside the said order passed by the Commissioner (Appeals) and held that once the Tribunal issued the direction to the Assessing Officer to grant interest from a particular date to a particular date and once the order of the Tribunal attained finality, the lower taxing authorities, i.e., either the Assessing Officer or the Commissioner (Appeals), were bound to carry out those orders and had no jurisdiction to again pass any order contrary to the order passed by the Tribunal. Against the said order, the assessee sought reference to the High Court under section 256(1). The Tribunal declined the same. On…

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