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

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ITA 4755/DEL/2011Status: DisposedITAT Delhi27 February 2017AY 2005-062 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the AO had already rectified the mistake by deleting the interest under sections 234B and 234C through a section 154 order, the revenue's appeal had no merit and did not need to be decided on merits.

What were the facts?

The Assessing Officer (AO) initially charged interest under sections 234B and 234C. The assessee applied for rectification under section 154, arguing they were not liable for advance tax as their income was subject to TDS under section 195, citing a previous ITAT ruling. The AO subsequently deleted the interest charges.

What were the issues?

Whether the revenue's appeal against the deletion of interest under sections 234B and 234C is maintainable when the AO has already rectified the error under section 154.

Which sections of the Income-tax Act were involved?

Section 234B,Section 234C,Section 143(3),Section 154,Section 195

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI

Before: SHRI H.S.SIDHU & SHRI PRASHANT MAHARISHI

Hearing: 16/02/2017Pronounced: 27/02/2017

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

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