TMI Blog2012 (11) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... issue to the file of the Assessing Officer directing him to pass a speaking order - In the result, appeal of the assessee is allowed for statistical purposes. - ITA NoS. 46, 47, 48 & 49/Hyd/2012 - - - Dated:- 8-6-2012 - SHRI CHANDRA POOJARI, AND SMT. ASHA VIJAYARAGHAVAN, JJ. Appellant by : Shri D.V. Anjaneyulu Respondent by : Shri K. Nageshwar Rao O R D E R PER ASHA VIJAYARAGHAVAN, J.M. These four appeals pertaining to same assessee are directed against the orders of the CIT(A)-II, Hyderabad, passed on 23/09/2011 for the assessment years 2006-07 to 2009-10. Since identical issues are involved in these appeals, they were heard together and, therefore, a common order is passed for the sake of convenience. 2. To dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 194C and how the interest u/s 201(1)(1A) was calculated. It was submitted that the mandatory and statutory provision for passing the order was absent, i.e. computation of tax and interest u/s 201(1) and 201(1A) respectively. Further, as per the provisions of the IT Act, an assessment order means determination of total income as well as determination of tax with a demand notice. He pointed out that no initial or signature or even a seal was put on the annexed statement determining the amounts u/s 201(1) and u/s 201(1A) appended to the said impugned order and resultantly, it is an order without any reasoning or conclusion which is vitiated one in law as decided by the Hon ble Allahabad High Court in the case of CIT Vs. Sunder Lal, [1974] 96 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st payable on the loan. It may be noted that the assessee has credited interest payable to the NBFCs in its books and as per the provisions of section 194A, tax has to be deducted from the interest paid/credited to the account of the payee. In view of the above, the alternate plea is dismissed. 7.1 Regarding the ground Nos. 5 6, it may be noted that the order was passed by the AO on the basis of information collected and also the information suppl ied by the appellant and even though an opportunity was given to the appellant to explain its stand for the default committed in respect of the payments made to the various parties, it has chosen not to clarify or to substantiate its position at assessment stage and it has not f iled any addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of mandatory provisions of section 201 and 201(1A) and therefore the very order is bad in law. 3. The issue of show cause notice treating the assessee in default for the assessee contends not to treat the assessee in default, the order passed without recording the requisite satisfaction as the assessee in default which is a mandatory and is legally inval id which is not considered by the appellate authority. 4. Without prejudice to the above, the determination of demand was absent in the assessment order as alleged to be the annexure of the order wherein the necessary working how the TDS and interest was worked out at is lagging except mentioning the various sections which itself inval id in the eye of law. 5. The CIT(A) ignored the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which are essential for a valid order. iv) The very order, is therefore, fragrant violation of statutory, substantive and mandatory provisions of section 201 and 201(1A) is bad in law. In support of the submissions, the learned counsel for the assessee relied upon the following case laws:- 1. The Allahabad High Court in the case of CIT Vs. Sunderlal in [1974] 96 ITR 310-314 (All) held that an order without any reasoning or conclusion which is a vitiated one in law. 2. The Karnataka High Court in the case of R. Giridhar Vs. CIT [1982] 136 ITR 774 held that it would be appropriate if the ITO affixes his signature after the computation of tax is made and below such computation also if it is made separately. 3. The Hon ble Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... calculate interest u/s 201(1A) till the date of actual payment of taxes paid by the deductees. In the case of R. Giridhar Vs. CIT, 136 ITR 774, the Karnataka High Court held that it would be appropriate if the ITO affixes his signature after the computation of tax is made and below such computation also if it is made separately. In these circumstances, since we are of the opinion that the Assessing Officer s order is not a speaking order and the CIT(A) has merely directed the Assessing Officer to recalculate the tax payable u/s 201(1) without considering the fact that the order of the Assessing Officer is cryptic, we set aside the order of the CIT(A) and restore the issue to the file of the Assessing Officer directing him to pass a speakin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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