SATIDHAM SYNTEX LIMITED ,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 5(3)(1), MUMBAI, MUMBAI

During the course of hearing, the Ld. AR submitted that the assessee has filed the appeal before the Ld. CIT(A) against the assessment order u/s. 143(3) r/w 254 of the Act dated 31.12.2019. It was submitted that the assessee in its appeal has raised the ground against the levy of interest u/s. 234 B of the Act which was not levied initially by the AO under the original assessment order passed u/s. 143(3) of the Act. It was submitted that from the persual of the impugned order passed by the Ld. CIT(A), it is evident that the Ld. CIT(A) has not adjudicated that ground of appeal and the appeal have been dismissed. It was accordingly submitted that the matter deserves to set aside to the file of Ld. CIT(A) to decide the ground of appeal so taken by the assessee against the levy of interest u/s. 234B of the Act.

The Ld. DR was heard who also fairly submitted that the ground of appeal so taken by the assessee has not been decided by Ld. CIT(A).

After hearing both the parties and considering the material available on record, the matter is set aside to the file of Ld. CIT(A) to decide the ground of appeal so taken by the assessee regarding levy of interest u/s. 234 B of the Act and decide as per law after providing reasonable opportunity to the assessee.

In the result, the appeal of the assessee is allowed for statistical purposes.