M/S HITACHI HIGH TECHNOLOGIES (SINGAPORE) PTE. LTD.,NEW DELHI vs. ADIT (INT. TAXATION), NEW DELHI

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ITA 2742/DEL/2016Status: DisposedITAT Delhi01 July 2021AY 2006-073 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 noted that charging interest under Section 234A is mandatory but consequential. The Assessing Officer was directed to charge interest as per law, considering a previous consolidated order by the Tribunal for multiple assessment years.

What were the facts?

The assessee appealed against the CIT(A)'s order upholding the levy of interest under Section 234A. The appeal pertains to the assessment year 2006-07.

What were the issues?

The primary issue was the correctness of levying interest under Section 234A of the Income Tax Act, 1961.

Which sections of the Income-tax Act were involved?

Section 234A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri Anshul Sachar, CA
Hearing: 29.06.2021Pronounced: 29.06.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

This appeal by the assessee is preferred against the order of the ld.

CIT(A) – 43, New Delhi dated 29.02.2016 pertaining to Assessment Year 2006- 07.

2.

The solitary grievance of the assessee is that the ld. CIT(A) erred in upholding the decision of the ADIT, Circle- 1(2), International Taxation for levying interest u/s 234A of the Income tax Act, 1961 [hereinafter referred to as 'The Act' for short].

We find that this Tribunal vide a consolidated order for 3.

1.

Assessment Years 2002-03 to 2007-08 in to 2688/DEL/2015 has decided the appeals of the assessee. In our considered opinion charging of interest though mandatory, but consequential, we accordingly direct the Assessing Officer to charge interest as per provisions of law after considering the decision of the Tribunal [supra].

4.

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

The order is pronounced in the open court on 29.06.2021 in the presence of both the representatives.

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