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Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2019-2020. The CIT(A) had held that the interest levied u/s.234A of the Act is consequential in nature.
Held
The Tribunal upheld the order of the CIT(A), stating that there was no reason given to deviate from the finding that the interest u/s.234A is consequential. Therefore, the appeal was dismissed.
Key Issues
Whether the interest levied u/s.234A of the Act is consequential in nature and if the CIT(A)'s order to this effect is sustainable.
Sections Cited
234A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
(निर्धारण वर्ा /Assessment Year. : 2019-2020) Garg Brothers Private Limited Vs DCIT, Central Circile-3(2), Kolkata 180, Rabindra Sarani, Barabazar H.O. Kolkata-700007 PAN No. :AAACG 9775 F (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee by : Shri Miraj D. Shah, AR रधजस्व की ओर से /Revenue by : Shri Kapil Mandal, Sr. DR सुनवाई की तारीख / Date of Hearing : 16/06/2025 घोषणा की तारीख/Date of Pronouncement : 16/06/2025 आदेश / O R D E R
Per George Mathan, JM :
This is an appeal filed by the assessee against the order dated 23.09.2024, passed by the ld. CIT(A), Kolkata-21 for A.Y.2019-2020.
Shri Miraj D. Shah, AR appeared on behalf of the assessee and Shri Kapil Mandal, ld. Sr. DR appeared on behalf of the revenue.
A perusal of the order of the ld. CIT(A) shows that the ld. CIT(A) has categorically held that the interest levied u/s.234A of the Act is consequential in nature. Even before the Tribunal there is no reason given for this and even no direction other than the charging of interest u/s.234A of the Act is consequential in nature, has been given. This being so, the order passed by the ld. CIT(A) is upheld and the appeal filed by the assessee stands dismissed.