The Commissioner Of Income-Tax v. M/S. Kesaria Commercial Enterprises Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Income Tax Appeal NO. 858 of 2000 The Commissioner of Income-tax .... Appellant. vs. M/s. Kesaria Commercial Enterprises Ltd. .. ... . ... Respondents A. K. Kotangale with Dr. P. Daniel for AppellantNone for Respondents. CORAM:S. RADHAKRISHNAN AND Date: 7/6/2005 ORAL JUDGMENT (Per S. Radhakrishnan J.) 1.Heard learned counsel for the Appellant. 2.By this appeal the appellant is seeking to raise the followingquestion of law: “Whether on the facts and circumstances of thecase, the Tribunal was justified in deleting theinterest levied under sections 217 and 139(8) in re-assessment order by holding that theamended provisions of Section 215 and Section 139 relating to the definition of regular assessment is not applicable to the case of the assessee?” 3. We have perused the Order dated 27[th] October 1999 passed by the Income Tax Appellate Tribunal, wherein it is clearly held that in caseof re- assessment, there is no question of levying interest undersections 217 and 139(8) of the Income-tax Act, and the variousjudgments to that effect, referred to in the order of the Tribunal, oneof them being upheld by the Supreme Court. Under the aforesaidfacts and circumstances we find no substantial question of lawinvolved in the above. Hence the appeal is dismissed. S. RADHAKRISHNAN J. A. S. AGUIAR J.