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“The issue in appeals is the charge of additional tax u/s 87 for the years under appeal. The assessing officer passed orders u/s 87 for these years for default of payment of Advance Tax u/s 53. The department’s view point is that there is no time limit specified u/s 87, and, therefore, the learned CIT(A), was not justified to delete the Additional Tax on the ground that the orders u/s 87 had been passed after more than four years from the date of assessment orders. The learned CIT(A) has relied on the provisions of section 156. It is, therefore, noted that the assessing officer has not invoked the provisions of section 156 but has in fact only passed order u/s 87. The learned AR of the assessee states that it has already been held by this Tribunal in a case reported as (1995) 72 Tax 165 (T...
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