Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (11) TMI 1253 - GUJARAT HIGH COURT

2016 (11) TMI 1253 - GUJARAT HIGH COURT - TMI - Interest u/s 234(B) and 234(D) levied by AO u/s.154 - Held that:- Demand of interest under section 234(B) was set aside by the learned CIT(A) vide order dated 28/11/2002. It is an admitted position that thereafter the matter was not carried to appeal by the revenue against the order passed by the learned CIT(A) dated 28/11/2002 setting aside demand of interest under section 234(B) of the Act. If that be so, thereafter it was not open for the A.O. t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

interest under section 234(B) of the Act vide order dated 28/11/2002. - Now, so far as deletion of interest, charged under section 234(D) of the Act by the learned CIT(A), by the learned tribunal is concerned, Mrs.Bhatt, learned counsel appearing on behalf of the department has stated at the bar that as the amount involved is ₹ 97,009/- only, on the smallness of the amount only she does not press the present appeal qua deletion of interest charged under section 234(D) of the Act is co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hich the learned tribunal has dismissed the said appeal preferred by the revenue confirming the order passed by the learned CIT(A) deleting interest under section 234(B) and under section 234(D) of the Income Tax Act, 1961 (hereinafter referred to as the Act for convenience) levied by the A.O. under section 154 of the Act, revenue has preferred the present Tax Appeal to consider the following substantial questions of law :- Whether the Appellate Tribunal is right in law and on facts in confirmin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ance made in the assessment order as well as interest charged under section 234(B) directly in the Demand Notice, assessee preferred appeal before the learned CIT(A) and the learned CIT(A) vide order dated 28/11/2002 granted certain relief against quantum addition and also directed to delete interest under section 234(B). 2.03. It appears that thereafter A.O. passed order on 6/1/2003 giving effect to the order of the learned CIT(A) deleting interest charged under section 234(B) which was charged .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er on 3/1/2005 wherein ₹ 4,37,264 was disallowed under section 43B of the Act and demand of ₹ 7,43,009 was raised including interest under section 234(B) of ₹ 4,99,958/- and under section 234(D) of ₹ 97,009/-. 2.05. That against the order dated 3/1/2005 passed by the A.O. under section 154 of the Act, assessee preferred appeal before the learned CIT(A) and the learned CIT(A) allowed the said appeal by deleting disallowance made under section 43B of the Act. 2.06. That the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

also on the ground that interest charged under section 234(D) was wrongly charged, as the same was introduced w.e.f. 1/6/2003 and the same applies to the assessment orders falling thereafter. 2.07. The A.O. dismissed the said rectification application vide order dated 3/2/2005 and refused to rectify the earlier order passed under section 154 dated 3/1/2005. 2.08. Feeling aggrieved and dissatisfied with the rejection order under section 154 dated 3/2/2005, assessee preferred appeal before the lea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vy and/or charge interest under section 234(B). The learned CIT(A) also set aside levy of interest under section 234(D) of the Act accepting contention on behalf of the assessee that interest under section 234(D) could not have been charged as the same was introduced w.e.f. 1/6/2003 and the same applies to the assessment orders falling thereafter. Consequently, learned CIT(A) deleted interest charged both, under section 234(B) and under section 234(D). 2.09. Feeling aggrieved and dissatisfied wi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

at when proceedings under section 154 of the Act was initiated, there was no reference to levy of interest under section 234(D) of the Act and therefore, without giving any opportunity to the assessee, interest could not have been charged under section 234(D). 2.11. Feeling aggrieved and dissatisfied with the impugned order passed by the learned tribunal, revenue has preferred present Tax Appeal to consider the aforesaid substantial questions of law. 3.00. We have heard Ms.Mauna Bhatt, learned c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

osition that thereafter the matter was not carried to appeal by the revenue against the order passed by the learned CIT(A) dated 28/11/2002 setting aside demand of interest under section 234(B) of the Act. If that be so, thereafter it was not open for the A.O. to again levy / charge interest under section 234(B) of the Act in exercise of powers under section 154 of the Act. Under the circumstances, as such, no error has been committed by the learned tribunal in confirming the order passed by the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version