TMI Blog2010 (10) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... interest u/s 234B and 234C is mandatory.Mere non-mention of levy of interest in the order of assessment cannot render the said statutory provision nugatory. The interest being mandatory and not discretionary, the recovery thereof does not depend on the language of the assessment order - in favour of the revenue. - I.T.A. No. 157 of 2004 - - - Dated:- 13-10-2010 - Adarsh Kumar Goel, Ajay Kum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of any direction in the assessment order for levy of interest under Section 234B and 234C of the Income Tax Act, 1961, the Assessing Officer could charge such interest while computing the tax liability? 2. Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was justified in not entertaining the additional ground of appeal raised before it challenging the validi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01] 252 ITR 1. 5. We have heard learned counsel for the parties. 6. Learned counsel for the assessee submits that since in the order of assessment, there is no direction for recovering interest, the interest could not be recovered. He submits that Section 156 of the Act provides for demand being raised for interest in pursuance of the assessment order and thus, without assessment order con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther prior to judgment of the Hon'ble Supreme Court in Anjum Ghaswala and others or do not consider the Supreme Court judgment. The said judgments cannot, thus, be relied upon to hold that the levy of interest under Sections 234B and 234C of the Act was not permissible in absence of mention of levy of interest in the assessment order. 8. Accordingly, we answer the question against the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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