TMI Blog2019 (4) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... HIGH COURT], whereby it was held that the interest under Section 234D can be levied only with effect from 1st June, 2003, i.e. with effect from the date of introduction of the provision in the statute. - Decided in favour of the Assessee - ITA. No. 77 of 2011 - - - Dated:- 26-2-2019 - MR P. R. RAMACHANDRA MENON AND MR. ANIL KUMAR, JJ. For The APPELLANT : ADV. SRI. CHRISTOPHER ABRAHAM, SC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be re-opened by the Commissioner of Income Tax (Appeals) by invoking the power under Section 263 of the Income Tax Act, holding that the provision would definitely be attracted and that the finding of the Assessing Officer was prejudicial to the Revenue. This was sought to be challenged by filing appeal before the Tribunal. 3. After hearing both the sides, the Tribunal held, as per Annexure C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any specification in the provision of section 234 D cannot interest be charged for period prior to the introduction of the provision with effect from 1.6.2003? 2. Whether, on the facts and in the circumstances of the case (and in the absence of a finding that the issue is a debatable issue) the Tribunal is right in law and fact in holding that the interest under Section 234D cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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