Law:

Section:

Section 246, read with section 215 of the Income-tax Act, 1961 [Corresponding to section 30, read with section 18A(6) of the Indian Income-tax Act, 1922] - Commissioner (Appeals) - Appealable orders - Assessment year 1955-56 - Whether no appeal lies against order levying interest under section 18A(6) of the 1922 Act - Held, yes FACTS The ITO charged interest under section 18A(6) of the 1922 Act. The assessee appealed to the AAC but the AAC took the view that no appeal was maintainable in respect of the levy of interest under section 18A(6) of the 1922 Act. His view was confirmed by the Tribunal. On reference : HELD In view of the decision in Keshardeo Shrinivas Morarka v. CIT [1963] 48 ITR 404 (Bom.), the Tribunal was right in holding that no appeal lay to the AAC from the order of the ITO levying penal interest. Note : The case was decided against the assessee. CASE REFERRED TO Keshardeo Shrinivas Morarka v. CIT [1963] 48 ITR 404 (Bom.). JUDGMENT R.S. Pathak, J.-The Income-tax Appellate Tribunal has referred the following question: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no appeal lay to the Appellate Assistant Commissioner from the order of the Income-tax Officer levying penal interest?" The assessee is a private…

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