ILJIN AUTOMOTIVE PRIVATE LIMITED,KANCHIPURAM CHEENAI vs. DCIT DC 2(3), CHENNNAI

PDF · subscribers
ITA 523/CHNY/2023Status: DisposedITAT Chennai01 June 2023AY 2018-192 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The tribunal reiterated that interest under sections 234A to 234D is consequential and mandatory. The AO was directed to re-compute the interest in accordance with law, considering the income assessed under section 143(3).

What were the facts?

The assessee is appealing the charging of interest under sections 234A to 234D. The returned income was initially accepted, but there was a wrong calculation of total income in the computation sheet. The CIT(A) directed the AO to recompute the tax liability and charge applicable interest.

What were the issues?

The primary issue is the correctness of charging interest under sections 234A to 234D, and whether the AO correctly recomputed the tax liability and interest after the CIT(A)'s direction.

Which sections of the Income-tax Act were involved?

Section 234A,Section 234B,Section 234C,Section 234D,Section 143(3),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

Before: HON’BLE SHRI V. DURGA RAO, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

माननीय +ी वी. दुगा1 राव, �ाियक सद2 एवं माननीय +ी मनोज कुमार अ7वाल ,लेखा सद2 के सम9। BEFORE HON’BLE SHRI V. DURGA RAO, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ (िनधा1रणवष1 / Assessment Year: 2018-19) M/s.Iljin Automotive Pvt.Ltd. DCIT बनाम/ Plot No.B1 & B2, SIPCOT Industrial Park DC II (3) Irungattukottai, Sriperumbudur Chennai. Vs. Kanchipuram-602 105. �थायीलेखासं./जीआइआरसं./PAN/GIR No.AAACI-2641-E (अपीलाथ�/Appellant) : ("#थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : None "#थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 31-05-2023 घोषणाकीतारीख/Date of Pronouncement : 01-06-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. At the time of hearing, none appeared for assessee. However, Ld. Sr. DR submitted that the returned income has been accepted and the assessee is merely assailing charging of interest u/s 234A to 234D which is consequential in nature.

2.

We find that though the return of income was accepted u/s 143(3) r.w.s. 144B vide order dated 13-09-2021, the amount of total income was wrongly picked up in the computation sheet. Upon further appeal, Ld.

CIT(A) directed Ld. AO to recompute the tax liability as per assessment order passed u/s 143(3). The Ld. AO was also directed to charge applicable interest as per law. Still aggrieved, the assessee is in further appeal before us.

3.

We find that the assessee’s grievance has adequately been addressed in the impugned order. However, we reiterate that interest u/s 234A to 234D is consequential and mandatory in nature and Ld. AO is directed to re-compute the same in accordance with law considering the income assessed u/s 143(3).

4.

The appeal stand allowed in terms of our above order. Order pronounced on 01st June, 2023. Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) �ाियक सद2/JUDICIAL MEMBER लेखासद2 / ACCOUNTANT MEMBER चे6ईChennai; िदनांकDated : 01-06-2023 DS आदेश की Xितिलिपअ7ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant2. ��यथ�/Respondent 3. आयकरआयु�त/CIT4. �वभागीय��त�न�ध/DR 5. गाड�फाईल/GF

More judgments on Section 234A

All 5,126 judgments and leading authorities on Section 234A →

Recent GST High Court judgments

Search GST case law →