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Mohan Aluminium Pvt. Ltd. Versus Income Tax Settlement Commission, Union of India, Commissioner of Income Tax, Assistant Commissioner of Income Tax

Terminal date for charging interest under Section 234B - Held that:- Hon'ble Supreme Court in Brij Lal and Ors. Vs. Commissioner of Income Tax reported in (2010 (10) TMI 8 - SUPREME COURT ) held that the terminal date for charging interest will be th .....

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d be 04.07.1997. - Accordingly, the writ petition is allowed and the impugned order dated 03.02.2004 is set aside and it is ordered that the interest under Section 234A shall be charged upto the date of order under Section 245D (1) i.e., 04.07.19 .....

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os.22685 of 2004, W.M.P.No.27423 of 2004 - Dated:- 6-9-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr.J.Balachander For the Respondents : Mr. T. Pramod Kumar Chopda ORDER Heard Mr.J.Balachander, learned counsel for the petitioner and Mr.T.Pramod .....

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r 1995-96. The only issue to be decided is as to what would be the terminal date for charging interest under Section 234B of the Income Tax Act, 1961. 3. The facts in the instant case are as follows: The petitioner filed return of income for the rele .....

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n 245 C of the Act. Thus, due to the filing of the petition before the Commission, the Assessing Officer did not proceed further with the intimation under Section 143 (1) (a) of the Act. The Settlement Commission passed an order under Section 245D(1) .....

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ourt and the matter was heard along with the other connected matters and the Hon'ble Supreme Court had remanded the matter for fresh consideration. At this stage, it has to be pointed out that the terminal date for charging of interest as per the .....

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petitioner's case and the other similar matters were allowed and the matter was remanded to the Settlement Commission for fresh consideration with the following direction: To sum up, the inevitable conclusion is that interest has to be charged f .....

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quantification u/s.245D(6). The Settlement Commission on such remand directed that the interest is chargeable upto the date of order under Sub-Section 4 of Section 245D, which is in the petitioner's case on 28.10.2002 and the same is questioned .....

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