TMI Blog2011 (4) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... fore 30th November, 1996, being the due date for filing of the Income-tax return. The assessee could not have anticipated that the said amount of bonus shall remain unpaid upto 30th November, 1996 and it was only because of the refusal of the employees to accept the said bonus that the same remained unpaid. - Held that: tribunal has not decided any issue relating to interest - matter restored to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 264 ITR 564 (SC) holding that charging interest under Sections 234A, 234B and 234C is mandatory and that these sections in clear terms imposed a mandate to collect interest at the specified rate." We have gone through the order of Income Tax Appellate Tribunal dated 21.11.2005, and do not find that the Tribunal has decided the question of charging of mandatory interest as determined under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , therefore, is that there was no default being committed by the assessee company for which it was liable to pay interest u/s 234B and 234C and in the absence of any opportunity having been given by the Assessing Officer, the assessee company could not put forth its case before him. Relying upon the decision of Delhi Special Bench of ITAT in the case of Motorola Inc. vs. DCIT, reported in 95 ITD 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Ram Mangat Ram Jewellers and others 264 ITR 564 the Supreme Court has held that after pronouncement of judgment in M/s Anjum M.H. Ghaswala 252 ITR 1 (SC) it is not open to re-consider the same as it has been specifically held that the settlement commission has no power to waive mandatory interest as contemplated under Sections 234A, 234B, and 234C of the Income Tax Act. Shri R.R. Agarwal has, o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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