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2016 (1) TMI 372 - PUNJAB AND HARYANA HIGH COURT

2016 (1) TMI 372 - PUNJAB AND HARYANA HIGH COURT - TMI - Chargeability of interest by AO under Sections 234A, 234B and 234C - Whether the CIT(A) and the Tribunal were justified in deleting the interest under Sections 234A and 234C of the Act and in restricting the interest charged under Section 234B - Held that:- The matter is no longer res integra. This Court in Principal Commissioner of Income Tax, Faridabad v. Shri Krishan Gopal (HUF) [2015 (12) TMI 1069 - PUNJAB AND HARYANA HIGH COURT] adjud .....

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d. - ITA No. 379 of 2015 (O&M) - Dated:- 11-12-2015 - MR. AJAY KUMAR MITTAL AND MR. RAMENDRA JAIN, JJ. For The Appellant : Mr. Tajender K. Joshi, Advocate AJAY KUMAR MITTAL, J. 1. Delay of 12 days in refiling the appeal is condoned. 2. This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 24.12.2014 (Annexure A-III) passed by the Income Tax Appellate Tribunal, Delhi Bench G , New Delhi (hereinafter referred to as .....

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on of the Hon'ble Supreme Court in the case of CIT Vs. Anjum M.H. Ghaswala & others (2001) 252 ITR 1 (SC) wherein it is held that Sections 234A and 234B are independent provisions of the Income Tax Act and if conditions for attracting these provisions exist the Assessing Officer shall have to levy the same as held that the levy of interest u/s 234A and 234B is mandatory in nature? 2. Whether on facts and in the circumstances, the Ld. ITAT was right in law in upholding the order of CIT(A) .....

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rverse order without mandate in the case where the assessee could have filed a petition u/s 154 of the Income Tax Act to the Assessing Officer instead of filing an appeal before the CIT(A), which does not lie? 4. Whether on the facts and in circumstances of the case and in law, the ITAT was right in law in upholding the order of CIT(A) wherein, having no regards to the expressions used in Section 45 and Section 48 for computation of long term capital gain arising for accruing on transfer of capi .....

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or adjudication of the instant appeal as narrated therein may be noticed. The assessee is an agriculturist and had filed the return of income on 10.10.2007 for the assessment year 2007-08 declaring a total income of 9,71,54,990/- including long term capital gain of 9,69,29,440/- with agricultural income of 62,460/- under Section 139(1) of the Act. The case of the assessee was selected for scrutiny and the Assessing Officer vide order dated 8.10.2009 (Annexure A-I) framed regular assessment under .....

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ted the interest amounting to 2,17,219/- charged under Section 234A of the Act and 2,17,319/- under Section 234C of the Act and restricted the interest charged under Section 234B of the Act. Being dissatisfied with the order, Annexure A-II, the revenue filed an appeal before the Tribunal who vide order dated 24.12.2014 (Annexure A-III) upheld the order of the CIT(A) and dismissed the appeal. This gave rise to the revenue to approach this Court by way of instant appeal. 4. Learned counsel for the .....

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