TMI Blog2023 (4) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... n within the time allowed by notice u/s 153A of the Act and, therefore, there is no delay in filing the return of income by the assessee as provided u/s 153A of the Act. No interest is leviable u/s 234A of the Act. Appeal of the assessee is allowed. - ITA 40/Jodh/2019 - - - Dated:- 22-3-2023 - SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER For the Assessee : Shri Rajindra Jain, CA For the Revenue : Shri S.M. Joshi, JCIT-DR ORDER Per Shri Manish Borad, AM This is an appeal filed by the assessee against the order of the ld. CIT(A)-2, Udaipur dated 26-12-2018 for the assessment year 2014-15 raising therein following grounds of appeal. ''1. That the appellate order dated 26-12-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest of Rs.7,83,201/- u/s. 234A of the Act by observing as under:- ''6. I have considered the submissions of the assessee, the relevant position of law and material on record. 6.1 Essentially, the claim of the assessee is that in the facts of this case, charge of interest u/s 234A would commence from the expiry of the period allowed in the notice u/s 153A and from the due date u/s 139(1). 6.2 The statute is unambiguous on the above issue. The facts in which charge of interest u/s 234A would commence from the expiry of the period allowed in the notice u/s 153A( and not from the due date u/s 139(1), are expressly spell out in sub section (3) of Section 234A. The said sub-section reads as under:- 3) Where the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under sub-section (3) of section 143 or section 144 or section 147. 6.4 Since in the instant case, notice u/s 153A for the A.Y. 2014-15, under consideration, has ben issue prior to passing of any intimation/ order u/s 143(1)/ 143(3)/144/147, the provisions of sub section (3) Section 234A do not apply8. The provisions of sub section 1 section 234A, would be applicable and charge of interest u/s 234A would commence from the due date u/s 139(1). Accordingly, the levy of interest of Rs. 7,83,201/- u/s 234A is hereby confirmed.'' 2.3. During the course of hearing, the ld. AR of the assessee prayed that in the assessee's case a search u/s 132 of the Act was conducted on 8-05-2014 and thereafter the assessment was completed u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st day of May, 2003, the Assessing Officer shall - (a) Issue notice to such person requiring him to furnish within such period as may be specified in the notice, the return of income in respect of each assessment year falling within six assessment years [and for the relevant assessment year or years] referred to in clause (b) in the prescribed for and verified n the prescribed manner and setting forth such other particulars as may be prescribed and provision of this Act shall so far as may be, apply accordingly as if such return were a return required to be furnished under section 139 (b) Assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous year in which su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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