2011 (12) TMI 314

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..... o this appeal are as follows: The assessee filed its return of income for the assessment year 1999-2000 on 31-12-1999. The assessment was completed under Section 143(3) on 19-3-2000. The Assessing Officer while making the assessment, gave direction for charging of interest under Sections 234B and 234C of the Income Tax Act, 1961 (hereinafter called the 'Act') and determined the income under Section 115JA of the Act. Being aggrieved by the imposition of interest under Sections 234B and 234C of the Act, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) VI. Bangalore. The first appellate authority dismissed the appeal by holding that decision in Kwality Biscuits Ltd. v. CIT [2000] 243 ITR 519/110 Taxman 47 (Kar.) is .....

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..... was right in not answering the question of limitation specifically raised in Ground No. 9 of the Grounds of Appeal? (e)  Whether on the facts and circumstances of the case, the Tribunal ought to have followed the decision of the Karnataka High Court in Kwality Biscuits case and also the earlier decision of the same Tribunal dated 12-12-2003 in JCIT v. M/s. Bharatiya Reserve Bank Note Mudran Ltd's. case and in the appellant's own case for the same year rendered under Section 154 read with Section 143(1) order? (f)  On the facts and circumstances of the case, whether the Tribunal was right in not rectifying its order under Section 234(2) as prayed for by the appellant?" 4. We have heard learned counsel appearing for the appellant .....

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..... pearing for the parties and scrutinized the material on record. 8. The material on record would clearly show that the grounds raised by the assessee before the first appellate authority and the ITAT was only regarding imposition of interest under Sections 234B and 234C of the Act. It was the contention of the assessee that in view of the principles laid down by this Court in Kwality Biscuits Ltd. case (supra) no interest could be levied under Sections 234B and 234C of the Act. The said contention has been rejected, according to us, rightly by the authorities on the ground that when the assessment is made under Section 115JA of the Act, in view of the provisions of Section 115JA(4) of the Act., the provisions of Sections 234B and 234C would .....

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