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Income Tax Appellate Tribunal, “C” BENCH: KOLKATA
Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]
ORDER Per Shri A. T. Varkey, JM This appeal preferred by the assessee against the order of Ld. CIT(A)-19, Kolkata dated 13-09-2018 for assessment years 2016-17.
The main grievance of the assessee is that despite he is a senior citizen and since senior citizen is not liable to pay advance tax, still the AO has levied interest u/s. 234B of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) which is an erroneous action. At the time of hearing, none appeared before us, however Adv. Shri S.M. Surana & Shri Harshvardhan Bhardwaj, FCA, assisted as Amicus curiae and submitted that in the relevant AY, Sr. Citizen need not pay any advance tax. We note that the assessee is a senior citizen and since he is a senior citizen, he is not liable to pay advance tax in the AY under consideration i.e. AY 2016-17so, question of levying interest u/s. 234B of the Act does not arise. Therefore, we delete the addition and allow this appeal of assessee.
Shri Sanwar Mal Jain., AY-2016-17 3. In the result, the appeal of assessee is allowed.