DDIT, NEW DELHI vs. M/S. MITSUBISHI CORPORATION, NEW DELHI

O R D E R PER PRASHANT MAHARISHI, A. M. 1. This is an appeal filed revenue against the order of the ld CIT(A)-VII, New Delhi dated 02.08.2011 for the Assessment Year 2005-06. 2. The revenue has raised the following grounds of appeal:- “1. On the facts and in the circumstances of the case the ld CIT(A) has erred in holding that the interest under section 234B and 234C of the IT Act are not chargeable in the case especially in view of the fact that it has been held by the Hon’ble Supreme Court, in case of Anjum Ghaswala (252 ITR 1), that charging of such interest is mandatory.”

3. Assessment in this case was completed under section 143 (3) of the income tax act on total income of Rs. 1314292200/– on 31/12/2008. Pursuant to this demand of Rs. 491982083/– including the interest under section 234B amounting to Rs. 189462495/– and interest under section 234C of the act amounting to Rs. 8127376/-as was raised.

4. The assessee has filed an application under section 154 on 13/02/2009 to the Ld. assessing officer submitting that income tax appellate tribunal in assessee’s own case for the subject assessment year is held that the assessee