9911796707
TMI Blog2024 (8) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... ITA No. 190/Ran/2018 dated 27.08.2019. Since issues involved are identical in both the above cases, they are being adjudicated vide the common order for the sake of convenience. 2. Before proceeding with the merits of the case, it may be mentioned here that the case was fixed for hearing on 12.07.2024. However, a request was made from the assessee side for adjournment on the ground that the Advocate was out of station and was pre-occupied with some unavoidable work. The request is not being entertained on the ground that all these MAs were filed as early as on 21.01.2020. They were fixed for hearing from time to time on more than ten occasions. It is noticed that no hearing could be done in the mostly due to none compliance or similar requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Miscellaneous Application the Department has contested deletion of interest charged u/s 234A and 234B of the Act, on the ground that the Hon'ble ITAT allowed assessee's appeal without taking into account the amended provisions of Section 234B as brought in by the Finance Act 2006 w.e.f 01.04.2007. 4. On the other hand, the assessee in the M.A filed has contested the addition made by the AO in respect of certain cash deposits by invoking the provisions of Section 68 of the Act, The ld. CIT(A) and I.T.A.T. upheld the additions as the assessees could not explain their cases with credible source. 5. We have gone through the appellate order passed by this Bench in ITA Nos. 189 & 190 (Supra). Briefly, stated Sh. Rajmeet Singh and Sh.H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the cash deposits in both the cases. With regard to the contention regarding addition u/s 68, it was noticed that the assessee had submitted Balance sheet, Profit and loss account, bank account and computation income etc. before the AO, during assessment proceeding. It was observed that the books of accounts were being maintained with reference to the provisions of Section 2(12A) of the Act, which reads "books of accounts, including ledger Day books, Cash books, account books whether kept in the written form or as print outs".....etc. It was further noted that in the case of Sh. Harmeet Singh that he was running restaurant. Financial statements were prepared and produced before the AO is also pass books of bank account and the ledger for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /or the tax authorities. Both the appeals were, consequently dismissed by the court.. 9. As regards, Departmental Miscellaneous applications on deletion of interest charge u/s 234A and 234B of the Act, by the Hon'ble Tribunal Ld. Sr. DR pointed out that in subsequent decision, Hon'ble High Court of Jharkhand in ITA No. 55 /2019 dated 16 .04.2023 in the case of PCIT vs Manoj Kapoor was pleased to take a different view of the matter in its detailed judgment. The case of Ajay Prakash Verma (Supra) which was relied upon by the Tribunal was also distinguished, and it was held to be per incurium with regard to the direction of chargeability of interest u/s 234B. The Hon'ble High Court in para no. 20 to 22 gave its finding which is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
