S.K. PATEL FAMILY TRUST vs. A.C.I.T.
What did the High Court hold?
The High Court held that the substantial question of law is concluded against the assessee in view of the Supreme Court's decision in Commissioner of Income Tax, Delhi vs. Bhagat Construction Company (P) Ltd. (2015). The Court noted that it is not in dispute that the assessee was served with Form No. I.T.N.S.150, which was signed by the Assessing Officer and contained particulars of the interest charged under Section 234B. The Supreme Court, in the cited case, held that interest under Section 234B is mandatory and automatic. Furthermore, if Form No. I.T.N.S.150, detailing the interest, is served, it is considered part of the assessment order, making the assessee liable to pay the interest. The learned advocate for the assessee was not in a position to dispute this. Therefore, the Tribunal's finding that the assessee is liable to pay interest under Section 234B was upheld. The appeal was dismissed. No issue was expressly left undecided.
What were the facts?
The assessee, S.K. Patel Family Trust, filed a Tax Appeal before the Gujarat High Court challenging an order dated January 10, 2001, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 5000/Ahd/1995. The appeal specifically concerned the levy of interest under Section 234B of the Income Tax Act. The High Court had admitted the appeal, formulating a substantial question of law. The procedural history indicates that the ITAT's decision on the levy of interest was the subject of dispute. The amount in dispute is not explicitly stated.
What were the issues?
1. Whether, in the facts and circumstances of the case, the Tribunal was right in law in holding that once interest under section 234B of the Income Tax Act is not specifically levied in the body of the assessment order, the same can be levied at all? (Question of law) Assessee's Contention: The assessee argued that if interest under Section 234B was not explicitly mentioned in the assessment order itself, it could not be levied. Revenue's Contention: The revenue contended that the levy of interest under Section 234B is mandatory and automatic. They relied on the Supreme Court decision in Commissioner of Income Tax, Delhi vs. Bhagat Construction Company (P) Ltd. (2015) and argued that if the assessee was served with Form No. I.T.N.S.150, which contained particulars of interest charged under Section 234B, it should be considered part of the assessment order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] Feeling aggrieved and dissatisfied with the impugned judgment and order 10.01.2001 passed by the learned Income Tax Appellate Tribunal in ITA No.5000/Ahd/1995 insofar as levy of interest under section 234B of the Income Tax Act, the appellant – assessee has preferred the present Tax Appeal. [2.0] At the outset it is required to be noted that while admitting the O/TAXAP/173/2001 JUDGMENT present Tax Appeal, this Court formulated the following question as substantial question of law. “Whether in the facts and circumstances of the case, the Tribunal was right in law in holding that once interest under section 234B of the Income Tax Act is not specifically levied in the body of the assessment order, the same can be levied at all?” [3.0] At the outset it is required to be noted that the said issue is concluded against the assessee in view of the recent decision of the Hon’ble Supreme Court in the case of Commissioner of Income Tax, (Supra), after considering the earlier decision of the Hon’ble Supreme Court in the case of Kalyankumar Ray v. Commissioner of Income Tax, West BengalIV, Calcutta reported in 1992 Suppl (2) SCC 424, it is held that the interest chargeable under section 234B is mandatory and automatic. It is also further observed and held that if the assessee is served with the Form No.I.T.N.S.150 which contained particulars with respect to the interest charged under section 234B, the same shall be considered as part of the assessment order and therefore, the assessee is liable to pay the interest chargeable under section 234B of the Income Tax Act.
Shri Soparkar, learned advocate appearing on behalf of the appellant – assessee is not in a position to dispute the above. [4.0] In view of the above undisputed fact and even so observed in the O/TAXAP/173/2001 JUDGMENT impugned order, the assessee was served with the Form No.I.T.N.S.150 which contained the calculation of interest under section 234B of the Income Tax Act, no error has been committed by the learned Tribunal that the appellant assessee is liable to pay the interest under section 234B of the IT Act.
Under the circumstances and in view of the above, the substantial question reproduced hereinabove is held against the assessee and in favour of the revenue. Consequently, present appeal deserves to be dismissed and is, accordingly, dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs. (M.R. SHAH, J.) (S.H. VORA, J.)
Ajay
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