CIT v. Anjum M.H. Ghaswala

252 ITR 1Supreme Court of India2001#156 most cited

What is CIT v. Anjum M.H. Ghaswala authority for?

Levy of interest under sections 234A, 234B, and 234C of the Income Tax Act is mandatory. Tax statutes are to be interpreted strictly, allowing no room for purposive interpretation.

452

judgments rely on this decision, according to BharatTax’s citation analysis of 370,744 Indian tax judgments — from 2002 to 2026.

Also referred to as

CIT v. Anjum M.H. Ghaswala · 252 ITR 1 · mandatory interest · section 234A · section 234B · section 234C · levy of interest · strict interpretation tax laws · purposive interpretation · interest calculation

Also reported as

119 Taxmann 352

Sections most often in play

Section 143(3)Section 234BSection 234CSection 250Section 234ASection 142(1)Section 144Section 147

Issues it is cited on

section 215section 210interest u/s 234csection 115jainterest under section 234cinterest under section 234asection 21mistake apparent on recordinterest u/s 234binterest under section 234bsection 234csection 260

Judgments citing CIT v. Anjum M.H. Ghaswala

M/S. First Advantage Global Operating Center Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bengaluru

In the result, the assessee’s appeal for Assessment Year 2013-14

ITA 2813/BANG/2017[2013-14]Status: DisposedITAT Bangalore26 Apr 2019AY 2013-14

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri. C. Narayan, CAFor Respondent: Ms. Neera Malhotra, CIT-DR
Section 143(3)Section 144C(5)Section 92C

…imself liable to be charged interest u/s 234B and 234D of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234B and 234D of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234B and 234D of the Act, if any, while giving effect of this order. IT(TP)A No. 2813/Bang/2017 Page 9 of 9 9. In ground No.4 (supra), the assessee…

DCIT, Bangalore vs. Sri. K.R. Venkatesh Gowda/S, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 415/BANG/2012[2007-08]Status: DisposedITAT Bangalore24 Apr 2019AY 2007-08

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

DCIT, Bangalore vs. Sri. K.R. Venkatesh Gowda/S, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 412/BANG/2012[2003-04]Status: DisposedITAT Bangalore24 Apr 2019AY 2003-04

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

M/S K.R. Venkatesh Gowda, Bangalore vs. DCIT, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 341/BANG/2012[2007-08]Status: DisposedITAT Bangalore24 Apr 2019AY 2007-08

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

M/S K.R. Venkatesh Gowda, Bangalore vs. DCIT, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 340/BANG/2012[2006-07]Status: DisposedITAT Bangalore24 Apr 2019AY 2006-07

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

M/S K.R. Venkatesh Gowda, Bangalore vs. DCIT, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 339/BANG/2012[2004-05]Status: DisposedITAT Bangalore24 Apr 2019AY 2004-05

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

M/S K.R. Venkatesh Gowda, Bangalore vs. DCIT, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 338/BANG/2012[2003-04]Status: DisposedITAT Bangalore24 Apr 2019AY 2003-04

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

M/S K.R. Venkatesh Gowda, Bangalore vs. DCIT, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 337/BANG/2012[2002-03]Status: DisposedITAT Bangalore24 Apr 2019AY 2002-03

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

M/S K.R. Venkatesh Gowda, Bangalore vs. DCIT, Bangalore

In the result, both the assessee’s appeals for Assessment Years 2001-02 to 2004-05, 2006-07 and 2007-08 and the Revenue’s cross appeals for Assessment

ITA 336/BANG/2012[2001-02]Status: DisposedITAT Bangalore24 Apr 2019AY 2001-02

Bench: Us. Revenue’S Cross Appeals For Assessment Year 2003-04 & 2007-08 Are Also Up For Consideration Before Us.

Section 132(1)(a)Section 132(2)Section 153A

…arging of interest is consequential and mandatory and the AO has no discretion in ITA Nos. 336 to 341/Bang/2012 ITA Nos.412 & 415/Bang/2012 Page 35 of 35 the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A/234B/234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A/234B/234C of the Act, if any, while giving effect of this order. 10. In the result, both the assessee’s appeals for Assessment Years 2001-02…

M/S Griha Promoters Private Limited, Bangalore vs. The Income Tax Officer Ward-3(1)(2), Bangalore

In the result, the assessee’s appeal for Assessment Year 2015-16 is partly allowed

ITA 137/BANG/2019[2015-16]Status: DisposedITAT Bangalore03 Apr 2019AY 2015-16

Bench: Shri Jason P Boazi.T. A. No.137/Bang/2019 (Assessment Year : 2015-16) M/S. Griha Promoters Private Limited, Vs. The Income Tax Officer, No.819, 3Rd Cross, 1St Block, Ward – 3[1][2], Hrbr Layout, Kalyan Nagar, Bengaluru. Bengaluru – 560 043. Pan : Aaecg 0808 M Appellant Respondent Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Shri. Priyadarshini Mishra, Jcit Date Of Hearing : 14.02.2019 Date Of Pronouncement : 03.04.2019 O R D E R

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. Priyadarshini Mishra, JCIT
Section 143(1)Section 143(3)Section 234Section 234BSection 37Section 40ASection 40A(3)

…imself liable to be charged interest u/s 234B and 234C of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234B and 234C of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234B and 234C of the Act, if any, while giving effect of this order. 6. Ground No.2 – Disallowance under section 40A(3) of the Act 6.1 In support o…

Tml Drivelines Ltd, Mumbai vs. Asst CIT 2(1)(2), Mumbai

In the result, appeal of the assessee in ITA no

ITA 1729/MUM/2017[2006-07]Status: DisposedITAT Mumbai29 Mar 2019AY 2006-07

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1729/Mum/2017 (नििाारण वर्ा / Assessment Year : 2006-07) बिाम/ Tata Motors Ltd., Acit 2(1)(2), (Successor To Tml Aayakar Bhawan Drivelines Limited) Mumbai 400020 V. Bombay House, 24, Homi Mody Street, Hutatma Chowk, Mumbai-400001 स्थायी ऱेखा सं./ Pan: Aaach7625P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Hari Iyer Revenue By: Shri. D.G Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 28.01.2019 घोषणा की तारीख /Date Of Pronouncement : 29.03.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 1729/Mum/2017, Is Directed Against Appellate Order Dated 07.12.2016 In Appeal No. Cit(A)-3/It-46/Acit-2(1)(1)/16-17, Passed By Learned Commissioner Of Income Tax (Appeals)-3, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year(Ay) 2006-07, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 31.01.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Read With Section 254 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2006-07. I.T.A. No.1729/Mum/2017

For Appellant: Shri Hari IyerFor Respondent: Shri. D.G Pansari (DR)
Section 143(3)Section 14ASection 234CSection 234DSection 250Section 254

…also dismissed by Ld. CIT(A) vide appellate order dated 07.12.2016 , by holding that chargeability of interest u/s. 234C and 234D of the 1961 Act is mandatory keeping in view decision of Hon’ble Supreme Court in the case of CIT v. Anjum M. H. Ghasswala (2001) 252 ITR 1(SC). 5. Aggrieved by the appellate order dated 07.12.2016 passed by learned CIT(A), the assessee has now filed an appeal before the tribunal . It is submitted by learned counsel for the assessee that the controversy in this appeal is regarding computation of disallowance of expenditure incurred in relation to earning of an exempt income I.T.A. No.…

The ACIT Cir-1(1), Thrissur vs. South Indian Bank Ltd, Thrissur

In the result, both the appeal filed by the assessee as well as the appeal filed

ITA 219/COCH/2018[2012-13]Status: DisposedITAT Cochin22 Mar 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 14ASection 36(1)(viii)

…sessing officer in regular assessment on a future date. Section 234B provides that short falls has to be taxed under Section 43(3). The matter is covered by the judgment of the Supreme Court in the case of Commissioner of Income Tax Vs. Anjum M.H. Ghaswala . (252 ITR 1) and It was held that interest contemplated under Sections 234A, 2348 and 234C is mandatory in nature. In view of the fact that the appellate authorities have considered the matter based on "the judgment of the Supreme Court, this issue is also answered against the appellant". 11. Here again, both the parties agreed that this issue is covered agai…

South Indian Bank Ltd, Thrissur vs. The ACIT Cir-1(1), Thrissur

In the result, both the appeal filed by the assessee as well as the appeal filed

ITA 215/COCH/2018[2012-13]Status: DisposedITAT Cochin21 Mar 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 14ASection 36(1)(viii)

…sessing officer in regular assessment on a future date. Section 234B provides that short falls has to be taxed under Section 43(3). The matter is covered by the judgment of the Supreme Court in the case of Commissioner of Income Tax Vs. Anjum M.H. Ghaswala . (252 ITR 1) and It was held that interest contemplated under Sections 234A, 2348 and 234C is mandatory in nature. In view of the fact that the appellate authorities have considered the matter based on "the judgment of the Supreme Court, this issue is also answered against the appellant". 11. Here again, both the parties agreed that this issue is covered agai…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

ITA 2810/BANG/2018[2013-14]Status: DisposedITAT Bangalore13 Mar 2019AY 2013-14

Bench: Shri Jason P Boaz

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. P. Renugadevi, JCIT
Section 143(1)Section 143(3)Section 147Section 148Section 54FSection 80C

…liable to be charged interest u/s 234A, 234B and 234D of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A, 234B and 234D of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A, 234B and 234D of the Act, if any, while giving effect of this order. 10. In the result, the assessee’s appeal for Assessment Year 2010-1…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

ITA 2809/BANG/2018[2012-13]Status: DisposedITAT Bangalore13 Mar 2019AY 2012-13

Bench: Shri Jason P Boaz

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. P. Renugadevi, JCIT
Section 143(1)Section 143(3)Section 147Section 148Section 54FSection 80C

…liable to be charged interest u/s 234A, 234B and 234D of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A, 234B and 234D of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A, 234B and 234D of the Act, if any, while giving effect of this order. 10. In the result, the assessee’s appeal for Assessment Year 2010-1…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

ITA 2808/BANG/2018[2011-12]Status: DisposedITAT Bangalore13 Mar 2019AY 2011-12

Bench: Shri Jason P Boaz

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. P. Renugadevi, JCIT
Section 143(1)Section 143(3)Section 147Section 148Section 54FSection 80C

…liable to be charged interest u/s 234A, 234B and 234D of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A, 234B and 234D of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A, 234B and 234D of the Act, if any, while giving effect of this order. 10. In the result, the assessee’s appeal for Assessment Year 2010-1…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

ITA 2807/BANG/2018[2010-11]Status: DisposedITAT Bangalore13 Mar 2019AY 2010-11

Bench: Shri Jason P Boaz

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. P. Renugadevi, JCIT
Section 143(1)Section 143(3)Section 147Section 148Section 54FSection 80C

…liable to be charged interest u/s 234A, 234B and 234D of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234A, 234B and 234D of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234A, 234B and 234D of the Act, if any, while giving effect of this order. 10. In the result, the assessee’s appeal for Assessment Year 2010-1…

Indecomm Global Services India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, assessee’s C

ITA 553/BANG/2015[2010-11]Status: DisposedITAT Bangalore13 Feb 2019AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. C. H. Sundar Rao, CIT-DR-I
Section 10ASection 143(1)Section 143(3)Section 144C(5)Section 92C

…denies himself liable to be charged interest u/s 234D of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, IT(TP)A No. 404/Bang/2015 IT(TP)A No. 553/Bang/2015 C.O. No. 123/Bang/2015 Page 42 of 44 uphold the action of the AO in charging the assessee the aforesaid interest u/s 234D of the Act. The AO is, however, directed to re- compute the interest chargeable u/s 234D of the Act, if any, while giving effect of this order. 24. In…

C L Chandradhara, Bangalore vs. Assistant Commissioner of Income Tax Circle-7(2), Bangalore

In the result, the assessee’s appeals for Assessment Years 1995-96 to 1998-99 are partly allowed

ITA 3267/BANG/2018[1998-99]Status: DisposedITAT Bangalore08 Feb 2019AY 1998-99

Bench: Shri Jason P Boaz

For Appellant: Shri. V. Chandrashekar, Advocate &
Section 1Section 133ASection 143(3)Section 147Section 148Section 148(2)Section 22

…denies himself liable to be charged interest u/s 234B of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234B of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234B of the Act, if any, while giving effect of this order. 6. Ground No. 4 for Assessment Year 1996-97 to 1998-99 – Income from KBR Company 6.1 In support…

C L Chandradhara, Bangalore vs. Assistant Commissioner of Income Tax Circle-7(2), Bangalore

In the result, the assessee’s appeals for Assessment Years 1995-96 to 1998-99 are partly allowed

ITA 3266/BANG/2018[1997-98]Status: DisposedITAT Bangalore08 Feb 2019AY 1997-98

Bench: Shri Jason P Boaz

For Appellant: Shri. V. Chandrashekar, Advocate &
Section 1Section 133ASection 143(3)Section 147Section 148Section 148(2)Section 22

…denies himself liable to be charged interest u/s 234B of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and I, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234B of the Act. The AO is, however, directed to re-compute the interest chargeable u/s 234B of the Act, if any, while giving effect of this order. 6. Ground No. 4 for Assessment Year 1996-97 to 1998-99 – Income from KBR Company 6.1 In support…