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Section 147, read with sections 139(8) and 215, of the Income-tax Act, 1961 - Income escaping assessment - General - Whether in course of reassessment proceedings, ITO had no jurisdiction to enhance and levy interest under sections 139(8) and 215 - Held, yes FACTS In the course of reassessment proceedings, the ITO enhanced and levied the interest under sections 139(8) and 215. On writ: HELD In view of decision in Charles D'souza v. CIT [1984] 147 ITR 694 (Kar.), instant petition was allowed and the orders passed by ITO in reassessment proceedings to the extent they purported to charge and recover interest under sections 139(8) and 215 were quashed. Note : The case was decided in favour of the assessee. CASE REFERRED TO Charles D'Souza v. CIT [1984] 147 ITR 694 (Kar.). K.R. Prasad for the Petitioner. K. Srinivasan for the Respondent. JUDGMENT H.G. Balakrishna, J.-By consent of both counsel, this writ petition was taken up for hearing and arguments were heard and disposed of. The short point for consideration is whether the first respondent has jurisdiction to enhance the interest in reassessment proceedings and whether he has jurisdiction to levy such enhanced interest. The question is answered by the decision cited by learned counsel for the petitioner in paragraph 5 of the writ petition in Charles D'Souzav. CIT [1984] 147 ITR 694 (Kar). It was held thus (headnote): "There can be levy of interest only in cases of regular assessment as defined by section 2(40) of the Income-tax Act, 1961. The…

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