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TMI Blog2014 (8) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... earlier also, an order was passed by the learned Commissioner (Appeals) under section 154, vide order dated 20th June 2012. This order of the learned Commissioner (Appeals) had come up for consideration before the Tribunal, wherein the Tribunal, vide order dated 17th January 2014, held that the issues raised during the rectification proceedings under section 154, are debatable in nature and, therefore, outside the scope of section 154. Accordingly, the order of the learned Commissioner (Appeals) was set aside. Now, again the learned Commissioner (Appeals) has sought to revise his order under section 154, on the matter of adjudication of levy of interest under section 234B and 234C, on tax payable under section 115JB. Therefore, the impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), wherein the learned Commissioner (Appeals) had given part relief to the assessee, vide order dated 20th June 2012 that is quantum of disallowance under section 14A was reduced. Against the said order dated 20th June 2012, the assessee had preferred an appeal before the Tribunal being ITA no.5353/Mum./2012, wherein the Tribunal, vide order dated 17th January 2014, held that insofar as the issue of disallowance under section 14A, for the purpose of computing book profit under section 115J is concerned, there has been divergent views of various Courts and this issue being highly debatable in nature, therefore, the same is outside the scope of section 154. In the mean time, the learned Commissioner (Appeals), vide notice dated 31st August 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowance made and further the Hon'ble Supreme Court in JCIT v/s Rolta India Ltd.[2011] 330 ITR 470 (SC), has held that interest under section 234B and 234C, are payable on failure to pay advance tax in respect of tax payable under section 115JA and 115JB. 5. After carefully considering the rival submissions, we find that, first of all, once, on the issue of disallowance under section 14A, in the computation of book profit under section 115JB, which was the subject matter of rectification of proceedings under section 154 earlier, the Tribunal has already decided that such a disallowance is outside the scope of 154 proceedings as it was highly debatable in nature then the entire proceedings under section 154, come to an end. Once the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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