INDIA MOTOR PARTS AND ACCESSORIES LIMITED,CHENNAI vs. CIT(A), NFAC, DELHI, DELHI

PDF · subscribers
ITA 943/CHNY/2022Status: DisposedITAT Chennai12 January 2023AY 2018-20192 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the interest computation appeared incorrect. It directed the Assessing Officer to verify the figures and re-compute the interest under Section 234A in accordance with the law.

What were the facts?

The assessee filed its return of income on 26-10-2018. The Assessing Officer computed interest under Section 234A for late filing of the return. The CIT(A) confirmed this interest.

What were the issues?

The key issue was the incorrect computation of interest under Section 234A for late filing of the return of income.

Which sections of the Income-tax Act were involved?

Section 234A,Section 143(3)

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 आयकरअपील सं./ (िनधा1रण वष1 / Assessment Year: 2018-19) India Motor Parts and Accessories Ltd. CIT(A)/NFAC बनाम 46, Sundaram Towers, Delhi. 3rd Floor, Whitesl Road, Royapettah, / Vs. Chennai – 600 014. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAACI-0931-P (अपीलाथ�/Appellant) : ("#थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri S. Ramasubramanian (EVP of assessee company) "#थ�कीओरसे/Respondent by : Shri P. Sajit Kumar - (JCIT) – Ld. DR सुनवाईकीतारीख/Date of Hearing : 12-01-2023 घोषणाकीतारीख /Date of Pronouncement : 12-01-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member): 1. The sole grievance of the assessee in the captioned appeal is incorrect computation of interest u/s 234A. From the facts, it emerges that the assessee filed return of income on 26-10-2018 which was substantially accepted in scrutiny assessment order u/s 143(3) passed on 31-12-2020. However, in the computation sheet, interest u/s 234A has been computed for Rs.12.93 Lacs for late filing of return of income. The Ld. CIT(A) confirmed the same on the ground that though the date 2 of filing of return of income was extended up-to 31-10-2018 vide CBDT order dated 08.10.2018, however, it was clearly mentioned that the assessee would be liable to pay interest u/s 234A. Aggrieved the assessee is in further appeal before us. 2. From the computations placed in ground of appeal

, it appears that Income Tax payable by the assessee amount to Rs.1333.89 Lacs which has been satisfied by advance tax for Rs.1210 Lacs and TDS for Rs.10.83 Lacs. The balance self-assessment tax payable by the assessee was Rs.113.05 Lacs which would be subjected to computation of interest u/s 234A. The interest on the same for one month for late filing of return of income @1% would come to Rs.1.13 Lacs. Therefore, prima-facie, interest has wrongly been computed in the computation sheet. Therefore, we direct Ld. AO to verify the above figures and re- compute correct interest u/s 234A in accordance with law.

3. The appeal stands partly allowed for statistical purposes. Order pronounced on 12th January, 2023.

More judgments on Section 234A

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

Recent GST High Court judgments

Search GST case law →