DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA vs. M/S. THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD., KOLKATA

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ITA 2573/KOL/2017Status: DisposedITAT Kolkata22 November 2018AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the CIT(A) had mistakenly deleted the addition for Section 234C interest. The assessee's representative agreed that the matter should be remanded for recalculation of this interest.

What were the facts?

The Revenue appealed against the CIT(A)'s order for AY 2008-09 and 2009-10. The CIT(A) had previously directed the AO to compute interest under Section 234C, but the AO failed to do so. The impugned order mistakenly deleted the addition on account of this interest.

What were the issues?

Whether the CIT(A) erred in deleting the addition on account of interest under Section 234C when the AO had failed to re-compute it as per earlier directions.

Which sections of the Income-tax Act were involved?

Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “D”, KOLKATA

Before: SH. J.SUDHAKAR REDDY & SH. S.S.VISWANETHRA RAVI

Hearing: 01.11.2018Pronounced: 22.11.2018

ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER Both appeals by the Revenue against the order dated 26.09.2017 passed by CIT(A)-22, Kolkata for AY 2008-09 & 2009-10 respectively, involve a common issue and the same therefore, have been heard together and are being disposed of by a consolidated order.

2.

There is a delay of 20 days in filing the appeal by the Revenue, on perusal of the affidavit filed by the AO, we find the reasons stated therein are bonafide. Hence, delay of 20 days are condoned.

3.

Heard both the parties and perused the material available on record, it is noted that the CIT(A) directed the AO to compute interest u/s 234C of the Income Tax Act, 1961 (in short “Act”) vide its order dated ITA No.2572 & 2573/KOL/2017 (ASSESSMENT YEAR-2008-09 & 2009-10) 25.10.2010. However, the AO did not re-compute the interest as per the directions of the CIT(A). In the impugned order, the CIT(A) by mistake deleted the addition made on account of interest u/s 234C of the Act. Ld.AR fairly agreed that the matter requires to be remanded to the file of the AO for computation of interest u/s 234C of the Act as per the earlier order dated 25.10.2010 passed by the then CIT(A). Taking into consideration the submissions of Ld.AR and facts and circumstances of the case, we deem it proper to remand the matter to the file of AO to compute interest u/s 234C of the Act as indicated above. 3. In the result, the appeal filed by the Revenue is allowed for statistical purposes.

4.

The view taken by us in is applicable to this appeal also. Therefore, all grounds raised

by Revenue in this appeal are allowed for statistical purposes.

5. In the result, both appeals of the Revenue is allowed for statistical purposes. Order pronounced in the open court on 22.11.2018.

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