DUGLI DEVI,MANALI vs. INCOME TAX OFFICER, KULLU, MANALI

PDF · subscribers
ITA 535/CHANDI/2026Status: DisposedITAT Chandigarh04 September 2026AY 2020-214 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the correctness of the demand, including the computation of interest, required verification. Therefore, the matter was restored to the AO for limited verification and re-computation of interest under sections 234A, 234B, and 234C.

What were the facts?

The assessee's appeal concerns the assessment year 2020-21, where the Assessing Officer (AO) framed an assessment under section 147. The AO accepted the returned income but raised a demand of Rs. 4,50,705/-, primarily related to interest levied under sections 234A, 234B, and 234C.

What were the issues?

The key issue was the correctness of the interest levied under sections 234A, 234B, and 234C, and whether it was wrongly calculated by the AO despite no additions to the returned income.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B,Section 139(1),Section 234A,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

PER RAJESH DAMODARLAL SHARMA, J.M:

Aforesaid appeal by assessee for Assessment Year (AY) 2020- 21 is directed against an order passed by learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 13.01.2026 in the matter of an assessment framed by Ld. Assessing Officer [AO] under

2 535/Chd/2026

section 147 read with sections 144 and 144B of the Income-tax Act, 1961, dated 05.02.2025.

2.

The assessment was completed by accepting the returned income of Rs.14,99,220/-. The grievance of the assessee is mainly with regard to the levy of interest under sections 234A, 234B and 234C of the Act.

3.

Before us, the assessee submitted that the original return of income under section 139(1) was filed on 10.01.2021 and the revised return was filed on 12.01.2021. It was contended that there was no delay in filing the return and, therefore, interest under section 234A was not leviable. It was further submitted that the interest charged under sections 234A, 234B and 234C has been wrongly calculated by the Assessing Officer.

4.

We have considered the submissions of the assessee and perused the material available on record. It is noticed that the assessment order does not make any addition to the returned income of Rs.14,99,220/-. However, as pointed out by the assessee,

3 535/Chd/2026

a demand of Rs.4,50,705/- has been raised. The correctness of such demand, including the computation of interest under sections 234A, 234B and 234C, requires verification at the level of the Assessing Officer.

5.

In the interest of justice, the issue is, therefore, restored to the file of the Assessing Officer for limited purpose of verification and re-computation of interest, if any, leviable under sections 234A, 234B and 234C of the Act. The Assessing Officer shall verify the dates of filing of the original and revised returns, the returned income, taxes paid by the assessee and the applicable provisions while computing the interest. The Assessing Officer shall thereafter provide a fresh tax computation sheet to the assessee.

6.

If, on such verification, it is found that the interest has been wrongly charged or the demand has been incorrectly raised, the Assessing Officer shall rectify the same and ensure that the correct demand is reflected on the Income-tax portal after providing the assessee with the revised tax computation.

4 535/Chd/2026

7.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 02.09.2026.

-Sd- -Sd- (MANOJ KUMAR AGGARWAL) (RAJESH DAMODARLAL SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER rkk आदेशकी�ितिलिपअ�ेिषत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��थ�/ The Respondent 3. आयकरआयु�/ CIT 4. िवभागीय�ितिनिध, आयकरअपीलीयआिधकरण, च�ीगढ़/ DR, ITAT, CHANDIGARH 5. गाड�फाईल/ Guard File

सहायकपंजीकार/ Assistant Registrar

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →