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

Mr.T Thomas Ramapuram, Kodagu vs. Income Tax Officer Ward-1, Madikere

In the result, the assessee’s appeal for asst

ITA 2502/BANG/2018[2008-09]Status: DisposedITAT Bangalore07 Nov 2018AY 2008-09

Bench: Shri Jason P Boazmr. T Thomas Ramapuram, Chikkannahalli Estate, Siddapur, Kodagu. . Appellate Pan – Agepr 7743P. Vs. The Income-Tax Officer, Ward-1, Madikeri. . Respondent Appellant By : Shri V Srinivasan, Advocate Respondent By : Shri Satya Sai Rath, Jcit Date Of Hearing : 30-10-2018 Date Of Pronouncement : -11-2018 O R D E R

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Satya Sai Rath, JCIT
Section 143(3)Section 263

…imself liable to be charged interest u/s 234A and 234B of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This principle has been upheld by the Hon’ble Apex Court in the case of Anjum H Ghaswala in (252 ITR 1) (SC) and I, 7 therefore, uphold the action of the AO in charging the said interest u/s 234A and 234B of the Act. The AO is however, directed to re- compute the interest chargeable u/s 234A and 234B of the Act, if any, while giving effect to this order. 6. Grounds Nos. 2 to 4 – Capital Gains on Sale of Silver Oak Trees 6.1 The only issue for cons…

Mr.Emmanuel Thomas Ramapuram, Kodagu vs. Income Tax Officer Ward-1, Madikere

In the result, the assessee’s appeal for asst

ITA 2501/BANG/2018[2008-09]Status: DisposedITAT Bangalore07 Nov 2018AY 2008-09

Bench: Shri Jason P Boazmr. Emmanuel Thomas Ramapuram, Chikkannahalli Estate, Siddapur, Kodagu. . Appellate Pan – Abtpr 1660 B Vs. The Income-Tax Officer, Ward-1, Madikeri. . Respondent Appellant By : Shri V Srinivasan, Advocate Respondent By : Shri Satya Sai Rath, Jcit Date Of Hearing : 30-10-2018 Date Of Pronouncement : 07-11-2018 O R D E R

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Satya Sai Rath, JCIT
Section 143(3)Section 263

…imself liable to be charged interest u/s 234A and 234B of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This principle has been upheld by the Hon’ble Apex Court in the case of Anjum H Ghaswala in (252 ITR 1) (SC) and I, 7 therefore, uphold the action of the AO in charging the said interest u/s 234A and 234B of the Act. The AO is however, directed to re- compute the interest chargeable u/s 234A and 234B of the Act, if any, while giving effect to this order. 6. Grounds Nos. 2 to 4 – Capital Gains on Sale of Silver Oak Trees 6.1 The only issue for cons…

Smt. Harvinder Kaur, Kapurthala vs. A.C.I.T, Central Circle-I, Jalandhar

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 328/ASR/2017[2008-09]Status: DisposedITAT Amritsar29 Oct 2018AY 2008-09

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 328/(Asr)/2017 Assessment Year: 2008-09

For Appellant: Sh. Surinder Mahajan (C.A.)For Respondent: Sh. Alok Kumar, CIT-DR
Section 143(3)Section 36(1)(iii)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I. T. A. No. 328/(Asr)/2017 Assessment Year: 2008-09 Harvinder Kaur, Vs. Asstt. Commissioner of Income 35, Gopal Park, Kapurthala Tax Central Circle-1, Jalandhar [PAN: AGYPK 8199A] (Appellant) (Respondent) Appellant by : Sh. Surinder Mahajan (C.A.) Respondent by: Sh. Alok Kumar, CIT-DR Date of Hearing: 20.08.2018 Date of Pronouncement: 29.10.2018 ORDER Per Sanjay Arora, AM: This is an Appeal by the Assessee directed against the Order by the Commissioner of I…

Smt C I Indira, Davangere vs. Income Tax Officer Ward-1(1), Davangere

In the result, the assessee's appeal for Assessment Year 2015-16 is

ITA 2439/BANG/2018[2015-16]Status: DisposedITAT Bangalore12 Oct 2018AY 2015-16

Bench: Shri Jason P Boaz

For Appellant: Smt. R. Mrinalini, AdvocateFor Respondent: Shri Vikas Suryavanshi, Addl. CIT (D.R)
Section 133ASection 143(3)

…interest under Section 234A, 234B & 234D of the Act. The charging of interest is consequential and mandatory and the Assessing Officer 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 we therefore uphold the action of the Assessing Officer in charging the said interest in the case on hand. The Assessing Officer is, however, directed to recompute the interest chargeable under Section 234A, 234B & 234D of the Act, if any, while giving effect to this order. 8. In the result, the assessee's appeal for Assessment Year 2015…

ACIT 2(1)(2), Mumbai vs. Tml Drivelines Ltd, Mumbai

In the result, the appeal of assessee in ITA No

ITA 1160/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Sept 2018AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

For Appellant: Shri Srihari M. Iyer, ARFor Respondent: Shri DG Pansari, DR
Section 143(3)Section 234C

…CIT(A) has directed vide Para 10 as under: - “10. Ground No.4 related to levy of interest under section 234C. As charging of interest under section 234C of the IT Act, 1961 is mandatory as held by the Hon’ble Supreme Court in the case of Anjum H. Ghaswala, 252 ITR 1 (SC), Ground No. 3 is dismissed. " 4. When this was confronted to the learned Counsel for the assessee he only stated that the charging of interest under section 234C of the Act is consequential but it should be calculated correctly and on the returned income i.e. short fall on payment of advance tax due on returned income in any of the installmen…

ACIT 2(1)(2), Mumbai vs. Tml Drivelines Ltd, Mumbai

In the result, the appeal of assessee in ITA No

ITA 1137/MUM/2017[2012-13]Status: DisposedITAT Mumbai28 Sept 2018AY 2012-13

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

For Appellant: Shri Srihari M. Iyer, ARFor Respondent: Shri DG Pansari, DR
Section 143(3)Section 234C

…CIT(A) has directed vide Para 10 as under: - “10. Ground No.4 related to levy of interest under section 234C. As charging of interest under section 234C of the IT Act, 1961 is mandatory as held by the Hon’ble Supreme Court in the case of Anjum H. Ghaswala, 252 ITR 1 (SC), Ground No. 3 is dismissed. " 4. When this was confronted to the learned Counsel for the assessee he only stated that the charging of interest under section 234C of the Act is consequential but it should be calculated correctly and on the returned income i.e. short fall on payment of advance tax due on returned income in any of the installmen…

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

In the result, the appeal of assessee in ITA No

ITA 1036/MUM/2017[2012-13]Status: DisposedITAT Mumbai28 Sept 2018AY 2012-13

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

For Appellant: Shri Srihari M. Iyer, ARFor Respondent: Shri DG Pansari, DR
Section 143(3)Section 234C

…CIT(A) has directed vide Para 10 as under: - “10. Ground No.4 related to levy of interest under section 234C. As charging of interest under section 234C of the IT Act, 1961 is mandatory as held by the Hon’ble Supreme Court in the case of Anjum H. Ghaswala, 252 ITR 1 (SC), Ground No. 3 is dismissed. " 4. When this was confronted to the learned Counsel for the assessee he only stated that the charging of interest under section 234C of the Act is consequential but it should be calculated correctly and on the returned income i.e. short fall on payment of advance tax due on returned income in any of the installmen…

DCIT Cir 7(1), Mumbai vs. Nat Steel Equipment P.Ltd, Mumbai

The appeal of the assessee is partly allowed for

ITA 7175/MUM/2014[2011-12]Status: DisposedITAT Mumbai27 Aug 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Years: 2011-12 M/S Nat Steel Equipment Dcit-7(1), Private Limited, Mumbai बनाम/ G.D. Ambekar Marg, Vs. Naigaum Road, Mumbai-400014 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aaacn5119J Assessment Years: 2011-12 Dcit-7(1), M/S Nat Steel Equipment Mumbai बनाम/ Private Limited, G.D. Ambekar Marg, Vs. Naigaum Road, Mumbai-400014 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aaacn5119J M/S Nat Steel Equipment Pvt. Ltd.

Section 143(3)Section 234B

…IT(A) under Sec.40A(2)(a) of the Act. The Grounds of appeal Nos. 1 to 5 are allowed. 8. That as the levy of interest under Sec. 234B and 234C are mandatory pursuant to the judgment of the Hon’ble Supreme Court in the case of CIT Vs. Anju M.H. Ghaswala (2001) 252 ITR 1 (SC), hence the assailing of the levy of interest under the said statutory provisions would be rendered as consequential. On a similar footing, the interest charged under Sec. 234D also being consequential to giving effect to our order by the A.O, is thus disposed off on similar terms. The Ground of appeal No. 6 is disposed off as having been rende…

Nat Steel Equipment P.Ltd, Mumbai vs. DCIT 7(1), Mumbai

The appeal of the assessee is partly allowed for

ITA 7142/MUM/2014[2011-12]Status: DisposedITAT Mumbai27 Aug 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Years: 2011-12 M/S Nat Steel Equipment Dcit-7(1), Private Limited, Mumbai बनाम/ G.D. Ambekar Marg, Vs. Naigaum Road, Mumbai-400014 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aaacn5119J Assessment Years: 2011-12 Dcit-7(1), M/S Nat Steel Equipment Mumbai बनाम/ Private Limited, G.D. Ambekar Marg, Vs. Naigaum Road, Mumbai-400014 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aaacn5119J M/S Nat Steel Equipment Pvt. Ltd.

Section 143(3)Section 234B

…IT(A) under Sec.40A(2)(a) of the Act. The Grounds of appeal Nos. 1 to 5 are allowed. 8. That as the levy of interest under Sec. 234B and 234C are mandatory pursuant to the judgment of the Hon’ble Supreme Court in the case of CIT Vs. Anju M.H. Ghaswala (2001) 252 ITR 1 (SC), hence the assailing of the levy of interest under the said statutory provisions would be rendered as consequential. On a similar footing, the interest charged under Sec. 234D also being consequential to giving effect to our order by the A.O, is thus disposed off on similar terms. The Ground of appeal No. 6 is disposed off as having been rende…

Mitali Creation Pvt. Ltd., Surat vs. The Income Tax Officer, Ward-1(3), Now Ward-1(1)(3), Surat

In the result, the appeal of the assessee is dismissed

ITA 2121/AHD/2015[2012-13]Status: DisposedITAT Surat24 Aug 2018AY 2012-13

Bench: C .M. Garg, Jm & O. P. Meena, Am

Section 2Section 28Section 36(1)(va)Section 43B

…Surat /I.T.A. No.2121 /Ahd/2015/A.Y.12-13 Page 6 of 6 9. We are of the view that this ground is consequential in nature, however, we make it clear that the charging of interest is mandatory as held by Hon`ble Supreme Court in the case of Anjum M. H. Ghaswala 252 ITR 1 (SC). Therefore, it is upheld subject to consequential relief if any. 10. In the result, the appeal of the assessee is dismissed. 11. Order pronounced in the open court on 07.09.2018 (C.M. GARG) (O.P.MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER Surat: Dated: 07.09.2018/opm Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITA…

Shri Shashikumar S. Mishra, Bharuch vs. The Dy.CIT, Bharuch Circle, Bharuch

In the result, the appeal of the assessee is dismissed

ITA 2769/AHD/2014[2011-12]Status: DisposedITAT Surat18 Jun 2018AY 2011-12

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A No. 2769/Ahd/2014/Srt िनधा"रण वष"/Assessment Year :2011-12 Shri Sashi Kumar Mishra, Vs. Deputy Commissioner Of A/7, Ashirwad Nagar Society Income-Tax, Circle – Bholav, Bharuch 392001 Bharuch Pan:Aoqpm 4008 N अपीलाथ" Appellant ""यथ"/Respondent

Section 143Section 2(24)Section 36(1)Section 36(1)(va)Section 43B

…ging of interest u/s. 234B/234C and 234D of the Act. 13. We are of the view that this ground is consequential in nature, however, we make it clear that the charging of interest is mandatory as held by Hon`ble Supreme Court in the case of Anjum M. H. Ghaswala 252 ITR 1 (SC). Therefore, it is upheld subject to consequential relief if any. 14. Ground No.4 relates to initiation of penalty proceedings under section 271(1) (c) of the Act. Shashi Kumar Mishra v. DCIT-Bharuch/I.T.A. No.2769/Ahd/2014/A.Y.:11-12 Page 6 of 6 15. We find that the assessee has been aggrieved with the initiation of penalty proceedings under…

Nat Steel Equipment P.Ltd, Mumbai vs. DCIT 7(1), Mumbai

ITA 4011/MUM/2013[2009-10]Status: DisposedITAT Mumbai13 Jun 2018AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Ravish Sood, Jm Ita Nos. 4011 & 5070/Mum/2013 (निर्धारण वषा / Assessment Years: 2009-10 & 2010-11) M/S Nat Steel Equipment Dcit-7(1), Room No. 622, Private Limited, G.D. Ambedkar Aaykar Bhawan, M.K Road, बिधम/ Marg, Naigaum Road, Churchgate, Mumbai 400 020. Vs. Bombay- 400014. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaacn5119J (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: Shri Deepak Tralashwala, A.RFor Respondent: Shri Suman Kumar, D.R
Section 143(1)Section 143(3)Section 234B

…CIT(A) under Sec.40A(2)(a) of the Act. The Grounds of appeal Nos. 1 to 5 are allowed. 8. That as the levy of interest under Sec. 234B and 234C are mandatory pursuant to the judgment of the Hon’ble Supreme Court in the case of CIT Vs. Anju M.H. Ghaswala (2001) 252 ITR 1 (SC), hence the assailing of the levy of interest under the said statutory provisions would be rendered as consequential. On a similar footing, the interest charged under Sec. 234D also being consequential to giving effect to our order by the A.O, is thus disposed off on similar terms. The Ground of appeal No. 6 is disposed off as having been rende…

Avdel (India) P. Ltd, Mumbai vs. DCIT 1(1), Mumbai

The appeal of the assessee is partly allowed

ITA 3260/MUM/2014[2008-09]Status: DisposedITAT Mumbai08 Jun 2018AY 2008-09

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm M/S Avdel (India) Private Limited Deputy Commissioner Of Income बिधम/ 169, Backbay Reclamation, Tax-1(1), Vs. Mumbai-400 020. Mumbai स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabca3977E (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: Shri Alok Saksena, A.RFor Respondent: Shri Rajesh Kumar Yadav, D.R
Section 143(1)Section 143(2)Section 143(3)Section 234BSection 36(2)Section 40A(2)(a)Section 40A(2)(b)

…stical purposes. 10. That as regards the assailing of the charging of interest under Sec. 234B and 234C by the assessee, we are of the considered view that pursuant to the judgment of the Hon’ble Supreme Court in the case of CIT Vs. Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC), as it is no more res integra that the charging of interest under Sec. 234B and 234C is mandatory, thus the Ground of appeal No. 6 is disposed off as being consequential in nature. 11. The appeal of the assessee is partly allowed. Order pronounced in the open court on 08.06.2018. (G.S. PANNU) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER भ…

Nemlaxmi Book India Pvt. Ltd., Surat vs. The ACIT, Circle-1, Surat

In the result, the appeal of Revenue is dismissed

ITA 1167/AHD/2014[2009-10]Status: DisposedITAT Surat05 Jun 2018AY 2009-10

Bench: Shri C.M.Garg & Shri O.P.Meenas आ.अ.सं./I. िनधा" अपीलाथ" Appellant V ""थ"/Respondent . . T.A No. रण N वष"/A O Y: 1 1167/Ahd/ 2009- Nemlaxmi Books V The Assistant 2014/Srt 10 India Pvt. Ltd., . Commissioner Of 602, International Income Tax, Circle – Trade Centre, 1, Surat. Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N 2 1102/Ahd/ 2009- Deputy Commissioner V Nemlaxmi Books 2014/Srt 10 Of Income Tax, . India Pvt. Ltd., Circle -1, Surat. 602, International Trade Centre, Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N Shri Hiren Vepari, Ca िनधा"रती क" ओर से /Assessee By Shri O.P.Meena, Sr.D.R राज"व क" ओर से /Revenue By 28-05-2018 सुनवाई क" तारीख/ Date Of Hearing: 05-06-2018 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Accoutant Member: 1. These Are Cross Appeals By The Assessee & The Revenue Are Directed Against The Order Of Cit(A) Dated 28.01.2014 For The Page 2 Of 18 Nemlaxmi Books India (P) Ltd. Vs. Acit, Circle-1, Surat/I.T.A. No’S.1167 & 1102/Ahd/2014 A.Y. 2009-10

Section 133ASection 142Section 144Section 145(3)

…gly upheld. Thus, Ground No’s.I and II of the assessee are therefore dismissed. 11. Ground No.III relates to charging of interest u/s.243A, 234B and 234C which is mandatory as held by the Hon’ble Supreme Court in the case of CIT vs. Anjum M.H.Ghaswala & Ors. 252 ITR 1 and same is upheld. However, the AO is direct to allow consequential relief if any to the assessee. 12. Now, we will take up the Revenue’s appeal in ITA No.1102/Ahd/2014. Page 14 of 18 Nemlaxmi Books India (P) Ltd. vs. ACIT, Circle-1, Surat/I.T.A. No’s.1167 & 1102/Ahd/2014 A.Y. 2009-10 13. Ground No.1 states that ld.CIT(A) was not justified in de…

The DCIT, Circle-1, Surat vs. M/S. Nemlaxmi Books India Pvt. Ltd., Surat

In the result, the appeal of Revenue is dismissed

ITA 1102/AHD/2014[2009-10]Status: DisposedITAT Surat05 Jun 2018AY 2009-10

Bench: Shri C.M.Garg & Shri O.P.Meenas आ.अ.सं./I. िनधा" अपीलाथ" Appellant V ""थ"/Respondent . . T.A No. रण N वष"/A O Y: 1 1167/Ahd/ 2009- Nemlaxmi Books V The Assistant 2014/Srt 10 India Pvt. Ltd., . Commissioner Of 602, International Income Tax, Circle – Trade Centre, 1, Surat. Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N 2 1102/Ahd/ 2009- Deputy Commissioner V Nemlaxmi Books 2014/Srt 10 Of Income Tax, . India Pvt. Ltd., Circle -1, Surat. 602, International Trade Centre, Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N Shri Hiren Vepari, Ca िनधा"रती क" ओर से /Assessee By Shri O.P.Meena, Sr.D.R राज"व क" ओर से /Revenue By 28-05-2018 सुनवाई क" तारीख/ Date Of Hearing: 05-06-2018 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Accoutant Member: 1. These Are Cross Appeals By The Assessee & The Revenue Are Directed Against The Order Of Cit(A) Dated 28.01.2014 For The Page 2 Of 18 Nemlaxmi Books India (P) Ltd. Vs. Acit, Circle-1, Surat/I.T.A. No’S.1167 & 1102/Ahd/2014 A.Y. 2009-10

Section 133ASection 142Section 144Section 145(3)

…gly upheld. Thus, Ground No’s.I and II of the assessee are therefore dismissed. 11. Ground No.III relates to charging of interest u/s.243A, 234B and 234C which is mandatory as held by the Hon’ble Supreme Court in the case of CIT vs. Anjum M.H.Ghaswala & Ors. 252 ITR 1 and same is upheld. However, the AO is direct to allow consequential relief if any to the assessee. 12. Now, we will take up the Revenue’s appeal in ITA No.1102/Ahd/2014. Page 14 of 18 Nemlaxmi Books India (P) Ltd. vs. ACIT, Circle-1, Surat/I.T.A. No’s.1167 & 1102/Ahd/2014 A.Y. 2009-10 13. Ground No.1 states that ld.CIT(A) was not justified in de…

Kaizen Global Services India P.Ltd, Mumbai vs. DCIT 10(3), Mumbai

The appeal of the assessee is partly allowed for statistical purposes in terms of our aforesaid observations

ITA 2025/MUM/2015[2010-11]Status: DisposedITAT Mumbai01 Jun 2018AY 2010-11

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm M/S Kaizen Global Services Deputy Commissioner Of India Private Limited,301, Raheja बिधम/ Income Tax - 10(3), Plaza, Off. Veera Desai Road, Mumbai. Vs. Near Yashraj Studio, Andheri (West), Mumbai-400 053 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aacck2642K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: Shri Vimal Punmiya, A.RFor Respondent: Shri V. Vidyadhar, D.R
Section 143(2)Section 143(3)(ii)Section 234ASection 271(1)(c)

…of interest under Sec.234A, 234B and 234C of the Act, we are of the considered view that as the levy of interest under the aforesaid statutory provisions, pursuant to the judgment of the Hon’ble Supreme Court in the case of CIT Vs. Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC) has been held to be mandatory, hence the Ground of appeal No. 6 is disposed off as having been rendered as consequential in nature. 18. That as regards the assailing of the initiation of penalty proceedings under Sec.271(1)(c) of the Act, we are of the considered view that as the A.O P a g e | 20 ITA No. 2025/Mum/2015 AY. 2010-11 M/s Kaizen G…

Ashok Kumar Singh, Mumbai vs. ITO 23(2)(1), Mumbai

ITA 5455/MUM/2013[2008-09]Status: DisposedITAT Mumbai25 May 2018AY 2008-09

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm Shri Ashok Kumar Singh Income Tax Officer 23(2)(1) 2/4 Singh Sadan बिधम/ Mumbai Nr. Shivsena Office, Vs. Khindipada, Bhandup West, Mumbai-400 082 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Atbps3218A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: NoneFor Respondent: Shri Rajesh Kumar Yadav, D.R
Section 143(1)Section 143(2)Section 143(3)Section 145(3)Section 147Section 148

…P a g e | 1 ITA No. 5455/Mum/2013 A.Y 2008-09 Shri Ashok C. Singh Vs. Income Tax Officer 23(2)(1) IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI G.S.PANNU, AM AND SHRI RAVISH SOOD, JM Shri Ashok Kumar Singh Income Tax Officer 23(2)(1) 2/4 Singh Sadan बिधम/ Mumbai NR. Shivsena Office, Vs. Khindipada, Bhandup West, Mumbai-400 082 स्थामी रेखा सं./ जीआइआय सं./ PAN No. ATBPS3218A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : अऩीराथी की ओय से / Appellant by : None प्रत्मथी की ओय से/Respondent by : Shri Rajesh Kumar Yadav, D.R सुनवाई की तायीख / : 15.03.2018 Date of Hearing घोषणा की तायीख/ :…

The Baba Nag Rice & Genral Mills, Amritsar vs. The Commissioner of Income Tax, Amritsar

In the result, the assessee’s appeal is dismissed

ITA 375/ASR/2016[1998-99]Status: DisposedITAT Amritsar24 May 2018AY 1998-99

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 375/Asr/2016 Assessment Year: 1998-99

For Appellant: Sh. Sudarshan Kapoor (Adv.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(1)Section 143(1)(a)Section 143(3)Section 147Section 154Section 234BSection 234B(1)Section 234B(3)Section 244A

…tax – defined as tax on total income assessed as reduced by TDS/TCS on the income included therein which is subject to tax deduction/collection at source, is mandatory as well as compensatory, relying on decisions, among others, in Anjun M.H. Ghaswala [2001] 252 ITR 1 (SC) and CIT v. Bhagat Construction Co. (P.) Ltd. [2015] 60 taxmann.com 334 (SC). Clearly, section 234B(3) only seeks to charge mandatory interest u/s. 234B on the increased tax liability on account of enhancement in assessed income on reassessment/recomputation. Reliance is placed on the decision in the South Indian Bank Ltd. v. CIT [2010] 325 ITR…

Seven Eleven Education Society, Thane vs. Asst CIT 2, Thane

ITA 1111/MUM/2016[2011-12]Status: DisposedITAT Mumbai02 May 2018AY 2011-12

Bench: S/Shri Rajendra & Ram Lal Negi

For Appellant: Shri Sanjay ParikhFor Respondent: Shri V. Justin -DR
Section 11Section 12Section 12ASection 254(1)

…T 2007 (7) SC 472, for taking recourse to the doctrine of "purposive interpretation". 18. The apex court has also applied the doctrine of purposive interpretation in fiscal statutes that would be evident from its decision in CIT v. Anjum M. H. Ghaswala [2001] 252 ITR 1 (SC) ; JT 2001 (9) SC 61. 19.Considering the pros and cons of the two views, we are of the opinion that by far the better interpretation would be to hold that the effect of non-consideration of the application for registration within the time fixed by section 12AA(2) would be a deemed grant of registration. We do not find any good reason to make th…

Flowserve India Controls Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the assessee's appeal for Assessment Year 2007-08 is partly allowed

ITA 1277/BANG/2011[2007-08]Status: DisposedITAT Bangalore02 May 2018AY 2007-08

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri C.H.Sundar Rao, CIT (D.R)
Section 143(1)Section 143(3)Section 144CSection 92C

…arged interest under Section 234B & 234D of the Act. The charging of interest is consequential and mandatory and the Assessing Officer 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 we therefore uphold the action of the Assessing Officer in charging the said interest in the case on hand. The Assessing Officer is, however, directed to recompute the interest chargeable under Section 234B & 234D of the Act, if any, while giving effect to this order. 9. In the result, the assessee's appeal for Assessment Year 2007-08 is…