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

Issues it is cited on

Judgments citing CIT v. Anjum M.H. Ghaswala

M/S Lamina Suspensions Products Limited, Mangalore vs. The Assistant Commissioner of Income Taaaax Circle-2(1), Mangalore

In the result, the appeals of the assessee for Assessment Years 2012-13 and 2013-14 are partly allowed

ITA 337/BANG/2018[2013-14]Status: DisposedITAT Bangalore11 Jan 2019AY 2013-14

Bench: Shri N. V. Vasudevan & Shri Jason P Boazi.T. A. Nos.336 & 337/Bang/2018 (Assessment Years : 2012-13 & 2013-14) M/S. Lamina Suspensions Products Ltd., Vs. The Joint Commissioner Of #13-12-1394, 8Th Floor, Rambhavan Income Tax, Complex, Kokial Bail, Range -2, Mangaluru – 575 003. Mangaluru. Pan : Aaacl 3061 H Appellant Respondent Assessee By : Shri. Nagendra Sharma, Advocate Revenue By : Shri. R. N. Siddappaji, Addl. Cit Date Of Hearing : 03.01.2019 Date Of Pronouncement : 11.01.2019 O R D E R

For Appellant: Shri. Nagendra Sharma, AdvocateFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 10(34)Section 14A

…liable to be charged interest u/s 234B, 234C 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 said interest. The AO is, however, directed to re-compute the interest chargeable u/s 234B, 234C and 234D of the Act, if any, while giving effect to this order. ITA Nos. 336 and 337/Bang/2018 Page 5 of 5 7. In the result, the appeals of the assessee for Assessment Year…

M/S Lamina Suspensions Products Ltd, Mangalore vs. The Joint Commissioner of Income Tax Range-2, Mangalore

In the result, the appeals of the assessee for Assessment Years 2012-13 and 2013-14 are partly allowed

ITA 336/BANG/2018[2012-13]Status: DisposedITAT Bangalore11 Jan 2019AY 2012-13

Bench: Shri N. V. Vasudevan & Shri Jason P Boazi.T. A. Nos.336 & 337/Bang/2018 (Assessment Years : 2012-13 & 2013-14) M/S. Lamina Suspensions Products Ltd., Vs. The Joint Commissioner Of #13-12-1394, 8Th Floor, Rambhavan Income Tax, Complex, Kokial Bail, Range -2, Mangaluru – 575 003. Mangaluru. Pan : Aaacl 3061 H Appellant Respondent Assessee By : Shri. Nagendra Sharma, Advocate Revenue By : Shri. R. N. Siddappaji, Addl. Cit Date Of Hearing : 03.01.2019 Date Of Pronouncement : 11.01.2019 O R D E R

For Appellant: Shri. Nagendra Sharma, AdvocateFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 10(34)Section 14A

…liable to be charged interest u/s 234B, 234C 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 said interest. The AO is, however, directed to re-compute the interest chargeable u/s 234B, 234C and 234D of the Act, if any, while giving effect to this order. ITA Nos. 336 and 337/Bang/2018 Page 5 of 5 7. In the result, the appeals of the assessee for Assessment Year…

M/S Dell International India Private Limited, Bangalore vs. Additional Commissioner of Income Tax Large Tax Payers Unit, Bangalore

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

ITA 2847/BANG/2017[2013-14]Status: DisposedITAT Bangalore02 Jan 2019AY 2013-14

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadaleit(Tp)A No.2847/Bang/2017 Assessment Year : 2013-14 M/S. Dell International Services India Vs. Additional Commissioner Of Private Limited, Income-Tax (Large Tax Payers (For The Merged Entity Wyse Technology Unit), Software Development India Private Bangalore. Limited) 12/1, 12/2A, 13/1A, Divyashree Gardens, Challagutta Village, Varthur Hobli, Bengaluru-560071. Pan: Aaacw 5601 Q Appellant Respondent

For Appellant: Shri. Sampath Raghunathan, AdvocateFor Respondent: Shri. Pradeep Kumar, CIT
Section 143(3)Section 144CSection 144C(5)Section 92CSection 92C(3)

…e denies itself 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 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. 9. In the result, the assessee’s appeal for Assessment Year 2013-14 is partly a…