COMMISSIONER OF INCOME TAX DEL vs. M/S BHUSHAN STEELS & STRIPS LT

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ITA/431/2005HC DelhiDLHC01059421200504 August 2017Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH3 pages
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What did the High Court hold?

The High Court held that the Assessing Officer could charge interest under Sections 234B and 234C while processing the return under Section 143(1)(a) and computing income under Section 115JA. This decision was based on a Supreme Court ruling.

What were the facts?

The Revenue appealed ITAT orders concerning the charging of interest under Sections 234B and 234C during the processing of returns under Section 143(1)(a) and computation of income under Section 115JA. The High Court framed a specific question of law regarding this issue.

What were the issues?

Whether interest under Sections 234B and 234C can be charged during processing under Section 143(1)(a) and computation under Section 115JA.

Which sections of the Income-tax Act were involved?

Section 143(1)(a),Section 115JA,Section 234B,Section 234C

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$~R88, 89, 90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA Nos. 431/2005 COMMISSIONER OF INCOME TAX DEL ..... Appellant Through: Mr. Rahul Chaudhary, Senior Standing Counsel with Mr.Sanjay Kumar Mishra, Junior Standing Counsel for Revenue. Versus M/S BHUSHAN STEELS & STRIPS LTD. ..... Respondent Through: Ms. Kavita Jha, Ms. Roopali Gupta, Advocates. WITH ITA Nos. 435/2005 COMMISSIONER OF INCOME TAX DEL ..... Appellant Through: Mr. Rahul Chaudhary, Senior Standing Counsel with Mr.Sanjay Kumar Mishra, Junior Standing Counsel for Revenue. Versus M/S BHUSHAN STEELS & STRIPS LTD. ..... Respondent Through: Ms. Kavita Jha, Ms. Roopali Gupta, Advocates WITH ITA Nos. 440/2005 COMMISSIONER OF INCOME TAX DEL ..... Appellant Through: Mr. Rahul Chaudhary, Senior

Standing Counsel with Mr.Sanjay Kumar Mishra, Junior Standing Counsel for Revenue. Versus M/S BHUSHAN STEELS & STRIPS LTD. ..... Respondent Through: Ms. Kavita Jha, Ms. Roopali Gupta, Advocates CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH O R D E R % 04.08.2017 1. These appeals by the Revenue are against the orders dated 20th January, 2005 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA Nos. 1127 and 1129/Del/2002 for the Assessment Years (‘AY’s) 1999-2000 and 2000-01 respectively and the order dated 11th January 2005 of the ITAT in and 2983/Del/2003 for AY 2001-02. 2. By the order dated 5th August 2005, this Court framed the following question of law in these appeals: “Whether the Tribunal was right in holding that the Assessing Officer could not have charged interest under Section 234B and 234C while processing the return under Section 143(1)(a) and computing the income under Section 115JA of the Income Tax Act, 1961” 3. The admitted position is that the above question stands answered in favour of the Revenue and against the Assessee by the decision of the Supreme Court in JCIT v. Rolta India Ltd. (2011) 330 ITR 470 (SC).

4.

In the circumstances, the question of law framed in these appeals is answered in the negative i.e. in favour of the Revenue and against the Assessee. 5. These appeals are allowed in the above terms. S.MURALIDHAR, J PRATHIBA M. SINGH, J AUGUST 04, 2017 j

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