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Virendra Kumar R. Banthia, Tapendra Singh, Deependra Singh Versus Commissioner of Income Tax, Mumbai And Other, The Settlement Commission (IT & WI), Calcutta And Others

2015 (3) TMI 538 - BOMBAY HIGH COURT

Recourse to rectification proceedings u/s 154 by Settlement Commission - levy interest under Section 234A, 234B and 234C - Held that:- The Larger Bench of the Apex Court in Brijlal and Ors Vs. CIT reported in [2010 (10) TMI 8 - SUPREME COURT ] has no .....

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interest cannot be imposed by rectifying a concluded order under Section 245D(4) of the Act. - Decided in favour of assessee. - Writ Petition No. 1423 of 2005, Writ Petition No. 3187 of 2004, Writ Petition No. 3116 of 2004 - Dated:- 5-3-2015 - M. S. .....

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to rectify the orders passed under Section 245D(4) of the Income Tax Act, 1961 (the 'Act') by invoking the provisions of Section 154 of the Act. This application for rectification was allowed so as to levy interest under Sections 234A, 234B .....

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he Original Side Writ Petition Nos. 3187/2004 and 3116/2004. All the above matters are on board today for final disposal. 3. On 12 December 2006 when these petitions came up for hearing, this Court passed following order: "The Apex Court has ref .....

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sed by the Apex Court in Brijlal Vs. Commissioner of Income Tax, 279 ITR 432 (SC). The same issue is involved in the present matter. In view of the above, the Advocate for the petitioner is at liberty to move after decision of the Apex Court. Interim .....

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