TMI Blog2018 (12) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... credit for advance tax, however, as submitted by the AR, the said application is still pending before the Assessing Officer. In due consideration of the aforesaid facts, we direct the AO to verify assessee’s claim of payment of advance tax and grant actual credit for the tax paid by the assessee. This ground is allowed for statistical purposes. Levy of interest u/s 234B - rectification application filed under section 154 - Held that:- As submitted by the assessee that, in fact, a refund of ₹ 5,22,35,371, is due to the assessee after deletion of addition made in the draft assessment order. Further, it is noticed that in the rectification application filed under section 154 of the Act before the Assessing Officer on 11th July 2017, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advance tax amounting to ₹ 33,60,13,160. Thus, the learned Authorised Representative submitted, the Assessing Officer has given short credit of advance tax of ₹ 10,46,203. The learned Authorised Representative submitted, though, the assessee has filed an application for rectification under section 154 of the Act before the Assessing Officer on 11th July 2017, however, no order has been passed. The learned Authorised Representative, therefore, sought a direction to the Assessing Officer to grant credit for the actual advance tax paid by the assessee. 4. The learned Departmental Representative submitted, assessee s claim of short credit of advance tax may be verified by the Assessing Officer. 5. We have considered rival subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arged. The learned Authorised Representative submitted, the aforesaid mistake relating to levy of interest under section 234B of the Act has also been raised by the assessee in the application filed under section 154 of the Act. Thus, she sought a direction to the Assessing Officer for considering assessee s claim. 8. The learned Departmental Representative submitted, the Assessing Officer may be directed to examine assessee s claim. 9. We have considered rival submissions and perused materials on record. As could be seen from the draft assessment order, the only variation made to the total income returned by the assessee was on account of addition of ₹ 4,37,64,577, towards service tax collected. However, while considering the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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