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2017 (1) TMI 392 - ITAT RANCHI

2017 (1) TMI 392 - ITAT RANCHI - TMI - Interest charged u/s.234B - advance tax - CIT(A) deleted the interest charged u/s.234B relying on the decision in the case of Ajay Prakash Verma [2013 (1) TMI 140 - JHARKHAND HIGH COURT] - Held that:- Find that no mistake in the order of the ld CIT(A) could be pointed out by ld D.R. It is admitted by ld D.R. that the SLP filed before the Hon'ble Supreme Court is still pending for disposal. Hence, as on date the decision of Hon'ble Jurisdictional High Court .....

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Agarwal AR Revenue by : Shri S.K.Mitra, DR ORDER This is an appeal filed by the revenue against the order of CIT(A)- Jamshedpur dated 30.3.2016, for the assessment year 2009-2010. 2. The only grievance in this appeal is that the ld CIT(A) is erred in deleting the interest charged u/s.234B of the Act. relying on the decision of Hon ble Jurisdictional High Court in the case of Ajay Prakash Verma, T.A. No.38 of 2010 reported in 2013( (1) TMI 140. 3. I have heard the rival submissions and perused th .....

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eved by the charging of interest u/s.234B of the Act by the Assessing Officer, the assessee filed appeal before the ld CIT(A). The ld CIT(A) directed the Assessing Officer to modify the interest calculation u/s.234B of the Act following the decision of Hon'ble Jurisdictional High Court in the case of Ajay Prakash Verma (supra), where it has been held that interest under section 234B can be charged only on the income declared in the return and not on assessed income. 5. The only submission of .....

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in Civil Review No. 66/2013 relying on the decision of Hon'ble Punjab & Haryana High Court in the case of Rajkumar Singhal vs Union of India (2002) 255 ITR 561 (P&H), wherein, it was held that the interest can be levied on the assessed income as per section 234B in view of the amendment carried out in the Act and after considering the same, the Hon'ble Jharkahand High Court vide its order dated 01/09/2015 dismissed the review petition. 6. After considering the submission of ld D. .....

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