Khodey Brewing and Distilling Industries Ltd. vs Commissioner of Income Tax

Special leave granted,

The Tribunal had stated the case and referred the following question of law to the High Court (see Commissioner of Income Tax Vs. Khodey Brewing and Distilling Industries Ltd., :

"Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that interest u/s 139(8)/215 of the Act levied in the original assessment does not survive when a reassessment is done u/s 148 of the Act particularly in view of the apex court's decision reported in Commissioner of Income Tax Vs. M/s. Sun Engineering Works (P.) Ltd., ?"

A perusal of the judgment does not show that the High Court has answered the said, question of law. The High Court appears to have proceeded with the case as if it was sitting in appeal and exercising the appellate jurisdiction rather than hearing a reference.

Without expressing any opinion on the merits of the case, the High Court should re-hear the reference and answer the question of law referred to it with or without reframing the same. We, accordingly, allow this appeal and set aside the judgment of the High Court with the aforesaid direction.