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2018 (2) TMI 1360 - AT - Income TaxMaintainability of appeal - payment of admitted tax - whether ‘admitted tax’ includes interest? - Held that:- The explanation of ‘assessed tax’ as per the provisions of Section 140(1B) does not include the component of interest at all. The Provisions of Sub-section 1B also specifically says that interest payable u/s. 234B shall be computed on an amount equal to the ‘assessed tax’ or as the case may be on the amount by which the advance tax paid falls short of the ‘assessed tax’. The words ‘admitted tax’ and ‘assessed tax’ in the context of Income Tax Act always refers to the tax component and does not include any interest or penalty which are levied separately and also specifically stated wherever they occur. In view of that, respectfully following the decision of the Hon'ble Bombay High Court in the case of CIT Vs. Manoj Kumar Beriwal (2008 (6) TMI 204 - BOMBAY HIGH COURT), we hold that the order of CIT(A) cannot be sustained. As assessee has paid the admitted tax, the appeal is maintainable before the CIT(A).
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