| Case ID |
1cb2536c-e7f9-486f-a1ff-0b37048eb693 |
| Body |
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| Case Number |
TAX APPEAL NOS. 37 TO 41 AND 43 TO 50 OF 2005 |
| Decision Date |
Mar 15, 2007 |
| Hearing Date |
Mar 15, 2007 |
| Decision |
The appeals were dismissed on the grounds that the remedy of appeal against levy of interest under section 158BFA(1) is not provided by the statute. The court held that while the levy of interest can be challenged, it must be in conjunction with a challenge to the overall assessment under section 158BC. The court emphasized that the provisions under which the interest is levied do not allow for any discretion on the part of the Assessing Officer to waive or reduce the interest, thereby affirming the legal position that such appeals are not maintainable when they solely challenge the interest. |
| Summary |
This case revolves around the interpretation of the Income Tax Act, 1961, specifically section 246A regarding appealable orders. The Bombay High Court addressed whether the levy of interest under section 158BFA(1) is appealable. The court concluded that there is no provision for an appeal against such a levy unless it is tied to a challenge against the assessment itself under section 158BC. This case highlights the strict nature of tax law compliance and the limited recourse available to assessees when it comes to challenging interest levies, emphasizing the need for timely filing and accurate reporting of income. Keywords such as 'Income Tax Appeal', 'Bombay High Court', 'Section 246A', and 'Tax Compliance' are relevant for SEO purposes. |
| Court |
Bombay High Court
|
| Entities Involved |
Not available
|
| Judges |
N.V. DABHOLKAR,
M.G. GAIKWAD
|
| Lawyers |
S.V. Gangapurwala,
Alok Sharma
|
| Petitioners |
Sk. Muneer Sk. Mannu Choudhary
|
| Respondents |
Deputy Commissioner of Income-tax, Aurangabad
|
| Citations |
2008 SLD 3022,
(2008) 300 ITR 216
|
| Other Citations |
[2008] 166 TAXMAN 439 (BOM.),
Central Provinces Manganese Ore Co. Ltd. v. CIT [1986] 160 ITR 961 (SC),
National Products v. CIT [1977] 108 ITR 935 (Kar.),
Bhikhoobhai N. Shah v. CIT [1978] 114 ITR 197 (Guj.),
CIT v. Dalmier Benz A.G. [1977] 108 ITR 961 (Bom.) (FB)
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
246A
|