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 369,743 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

Commissioner of Income Tax- Delhi vs. M/S Pasupati Nath Commr. P. Ltd

The appeals are allowed with costs of Rs

ITA/168/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accrued to them or wa…

Commissioner of Income Tax Del vs. M/S Swastik Commercial P. Ltd

The appeals are allowed with costs of Rs

ITA/165/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accrued to them or wa…

Commissioner of Income Tax Del vs. M/S Trishul Commercial P. Ltd

The appeals are allowed with costs of Rs

ITA/167/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accrued to them or wa…

Commissioner of Income Tax- Delhi vs. M/S Mansarover Commercial P. Ltd

The appeals are allowed with costs of Rs

ITA/162/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accrued to them or wa…

Commissioner of Income Tax Del vs. M/S Soverign Commercial P. Ltd

The appeals are allowed with costs of Rs

ITA/164/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accrued to them or wa…

Commissioner of Income Tax Del vs. M/S Soverign Commercial P. Ltd

The appeals are allowed with costs of Rs

ITA - 164 / 2002HC Delhi22 Feb 2016
Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accr…

Commissioner of Income Tax Del vs. M/S Swastik Commercial P. Ltd

The appeals are allowed with costs of Rs

ITA - 165 / 2002HC Delhi22 Feb 2016
Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accr…

Commissioner of Income Tax Del vs. M/S Trishul Commercial P. Ltd

The appeals are allowed with costs of Rs

ITA - 167 / 2002HC Delhi22 Feb 2016
Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accr…

Commissioner of Income Tax- Delhi vs. M/S Pasupati Nath Commr. P. Ltd

The appeals are allowed with costs of Rs

ITA - 168 / 2002HC Delhi22 Feb 2016
Section 260A

…c notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accr…

DCIT Cen Cir 22, Mumbai vs. Chains Corner Jewellery (I) P.Ltd, Mumbai

In the result, both the Revenue’s appeal for Asst

ITA 3705/MUM/2013[2010-11]Status: DisposedITAT Mumbai27 Jan 2016AY 2010-11

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain: (A.Y : 2010-11) Dy. Commissioner Of Income- Vs M/S. Chains Corner Jewellery (I) Pvt. Ltd., Shop No. 9, 1St Floor, Tax, Central Circle-22, Central Range-5, Kapadia Building No. 2, Mumbai (Appellant) 31/33, S.M. Street, Zaveri Bazar, Mumbai 400 002 (Respondent) Pan : Aabcc7451M : M/S. Chains Corner Jewellery Vs Asst. Commissioner Of Income- (I) Pvt. Ltd., Shop No. 9, Tax, Central Circle-22, 1St Floor, Kapadia Building Mumbai (Respondent) No. 2, 31/33, S.M. Street, Zaveri Bazar, Mumbai 400 002 Pan : Aabcc7451M (Appellant)

For Appellant: Shri Pramod K. Parida &For Respondent: Shri Prakash Ojha, DR
Section 132Section 132(4)Section 133ASection 143(3)

…ee denies itself 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 view was upheld by the Hon’ble Apex Court in the case of Anjum M.H. Ghaswala (252 ITR 1) (SC) and we 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 and 234C of the Act, if any, while giving effect to this order. 9. Ground no. 3 being general in nature and not urged before us, is rendered infructuous and accordingly dismissed…

M/S Chains Corner Jewellery (I) Pvt. Ltd., Mumbai vs. ACIT, CC - 22, Mumbai

In the result, both the Revenue’s appeal for Asst

ITA 2558/MUM/2013[2010-11]Status: DisposedITAT Mumbai27 Jan 2016AY 2010-11

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain: (A.Y : 2010-11) Dy. Commissioner Of Income- Vs M/S. Chains Corner Jewellery (I) Pvt. Ltd., Shop No. 9, 1St Floor, Tax, Central Circle-22, Central Range-5, Kapadia Building No. 2, Mumbai (Appellant) 31/33, S.M. Street, Zaveri Bazar, Mumbai 400 002 (Respondent) Pan : Aabcc7451M : M/S. Chains Corner Jewellery Vs Asst. Commissioner Of Income- (I) Pvt. Ltd., Shop No. 9, Tax, Central Circle-22, 1St Floor, Kapadia Building Mumbai (Respondent) No. 2, 31/33, S.M. Street, Zaveri Bazar, Mumbai 400 002 Pan : Aabcc7451M (Appellant)

For Appellant: Shri Pramod K. Parida &For Respondent: Shri Prakash Ojha, DR
Section 132Section 132(4)Section 133ASection 143(3)

…ee denies itself 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 view was upheld by the Hon’ble Apex Court in the case of Anjum M.H. Ghaswala (252 ITR 1) (SC) and we 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 and 234C of the Act, if any, while giving effect to this order. 9. Ground no. 3 being general in nature and not urged before us, is rendered infructuous and accordingly dismissed…

ADIT, Dehradun vs. M/S. Hallin Marine Uk Ltd., Dehradun

In the result, both the appeal and the cross objection filed by the assessee are dismissed and the appeal filed by the Revenue is allowed partly for statistical purposes

ITA 5290/DEL/2012[2009-10]Status: DisposedITAT Delhi20 Jan 2016AY 2009-10

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 M/S. Hallin Marine Uk Ltd., Vs. Adit, Intl. Taxation, Dehradun C/O Nangia & Company, Suite 4A, Plaza M-6, Jasola, New Delhi (Pan: Aabch9433L) (Appellant) (Respondent)

Section 143(2)Section 143(3)Section 44BSection 9(1)(vii)Section 92

…g the provision of the section, he argued that since there was a default in payment of advance tax, interest thereupon had to be paid by the assessee as held by the Supreme Court in the case of CIT vs. Anjum M.H. Ghaswala & Ors. (2001) 171 CTR (SC) 1 : (2001) 252 ITR 1 (SC). He submitted that it was totally unnecessary to look into the other provisions like ss. 191, 195, 201, 209, 215 etc. for determining the liability of payment of interest. His submission was that whereas s. 209(1)(d) uses the expression "deductible or collectible", the legislature in Expln. 1(i) of s. 234B of the Act had consciously used the e…

Hallin Marine Uk Ltd., New Delhi vs. ADIT, Dehradun

In the result, both the appeal and the cross objection filed by the assessee are dismissed and the appeal filed by the Revenue is allowed partly for statistical purposes

ITA 5217/DEL/2012[2009-10]Status: DisposedITAT Delhi20 Jan 2016AY 2009-10

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 M/S. Hallin Marine Uk Ltd., Vs. Adit, Intl. Taxation, Dehradun C/O Nangia & Company, Suite 4A, Plaza M-6, Jasola, New Delhi (Pan: Aabch9433L) (Appellant) (Respondent)

Section 143(2)Section 143(3)Section 44BSection 9(1)(vii)Section 92

…g the provision of the section, he argued that since there was a default in payment of advance tax, interest thereupon had to be paid by the assessee as held by the Supreme Court in the case of CIT vs. Anjum M.H. Ghaswala & Ors. (2001) 171 CTR (SC) 1 : (2001) 252 ITR 1 (SC). He submitted that it was totally unnecessary to look into the other provisions like ss. 191, 195, 201, 209, 215 etc. for determining the liability of payment of interest. His submission was that whereas s. 209(1)(d) uses the expression "deductible or collectible", the legislature in Expln. 1(i) of s. 234B of the Act had consciously used the e…

Growmore Exports Ltd, Mumbai vs. DCIT CC 31, Mumbai

In the result, the assessee ‘s appeal for the assessment year 2008-09

ITA 3491/MUM/2014[1992-93]Status: DisposedITAT Mumbai15 Jan 2016AY 1992-93

Bench: Shri Jason P. Boaz & Shri Ram Lal Negi

For Appellant: Shri Dharmesh Shah &For Respondent: Dr. P.Daniel
Section 234ASection 250

…he appeal is accordingly disposed of.“ 6.2 Respectfully following the decision of the Hon’ble Bombay High Court in the case of Divine Holdings Pvt. Ltd.,(supra) and in accordance with the ratio laid down in the Hon’ble Apex Court’s order in Anjum H. Ghaswala (252 ITR 1) we hold that interest u/s. 234A, 234B and 234C of the Act is mandatorily chargeable in the case on hand even though it is a ‘notified person’. Consequently, we uphold the order of the CIT(A) on this issue and dismiss Ground No.3 raised by the assessee. 7. Ground No.4: Charging of Interest u/s. 234A,234B and 234C of the Act without considering TDS…

DCIT, New Delhi vs. M/S. Bharat Sanchar Nigam Ltd., New Delhi

In the result, assessee’s appeal is allowed to the extent as mentioned above on the preliminary issue and the departmental appeal is dismissed

ITA 3386/DEL/2010[2004-05]Status: DisposedITAT Delhi23 Dec 2015AY 2004-05

Bench: Smt Diva Singh & Sh.J.S.Reddyi.T.A .No.-3304/Del/2010 (Assessment Year-2004-05) Bharat Sanchar Nigam Ltd., Vs Dcit, Corporate Office, Taxation Section, Circle-2(1), Room No.-398, First Floor, Bharat Sanchar Bhawan, C.R.Building, I.P.Estate, Janpath, New Delhi-1110001. New Delhi Pan-Aabcb5576G (Appellant) (Respondent)

Section 143(1)Section 143(3)Section 154Section 263Section 80Section 80I

…attention to sub-section (2A) it was submitted that the legislature has used the words “shall” in the sub-section (2A) and accordingly it makes the said sub-section mandatory for the Revenue Authorities. Inviting attention to CIT vs Anjum Ms Ghaswala & Others 252 ITR 1 (2001) it was submitted that the Page 17 of 44 I.T.A .No.-3304 & 3386/Del/2010 Hon’ble Apex Court has held therein that wherever the word “shall” has been used in the Act the clear intention of the legislature in this regard was to make the provision mandatory. Thus by resorting to the word “shall” the legislature has intended the afore-said sect…

Bharat Sanchar Nigam Ltd., New Delhi vs. DCIT, New Delhi

In the result, assessee’s appeal is allowed to the extent as mentioned above on the preliminary issue and the departmental appeal is dismissed

ITA 3304/DEL/2010[2004-05]Status: DisposedITAT Delhi23 Dec 2015AY 2004-05

Bench: Smt Diva Singh & Sh.J.S.Reddyi.T.A .No.-3304/Del/2010 (Assessment Year-2004-05) Bharat Sanchar Nigam Ltd., Vs Dcit, Corporate Office, Taxation Section, Circle-2(1), Room No.-398, First Floor, Bharat Sanchar Bhawan, C.R.Building, I.P.Estate, Janpath, New Delhi-1110001. New Delhi Pan-Aabcb5576G (Appellant) (Respondent)

Section 143(1)Section 143(3)Section 154Section 263Section 80Section 80I

…attention to sub-section (2A) it was submitted that the legislature has used the words “shall” in the sub-section (2A) and accordingly it makes the said sub-section mandatory for the Revenue Authorities. Inviting attention to CIT vs Anjum Ms Ghaswala & Others 252 ITR 1 (2001) it was submitted that the Page 17 of 44 I.T.A .No.-3304 & 3386/Del/2010 Hon’ble Apex Court has held therein that wherever the word “shall” has been used in the Act the clear intention of the legislature in this regard was to make the provision mandatory. Thus by resorting to the word “shall” the legislature has intended the afore-said sect…

Lalit Mohan Dhanda, Mumbai vs. DCIT Cen Cir 39, Mumbai

In the result, assessee’s appeal for A

ITA 3180/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Nov 2015AY 2007-08

Bench: Shri Jason P. Boaz, Am & Shri Pawan Singh, Jm

For Appellant: Ms. Amrita Misra
Section 132Section 139Section 143(3)Section 153ASection 234B

…n charging him interest under sections 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 in 252 ITR 1 and we therefore uphold the action of the AO in charging the said interest. The AO is, however, directed to re-compute the interest chargeable under sections 234B and 234C of the Act, if any, while giving effect to this order. 8. In the result, assessee’s appeal for A.Y. 2007-08 is partly allowed. प"रणामतः िनधा"रती क" अपील आंिशक "वीकृत क" जाती…

M/S Biesse Manufacturing Company Private Limited, Bangalore vs. Asst.C.I.T., Bangalore

In the result, Revenue’s appeal for Assessment Year 2010-11 is treated as partly allowed for statistical purposes

ITA 97/BANG/2015[2010-11]Status: DisposedITAT Bangalore06 Nov 2015AY 2010-11

Bench: Shri Vijaypal Rao & Shri Jason P. Boazi.T.(T.P.)A. No.97/Bang/2015 (Assessment Year : 2010-11) M/S. Biesse Manufacturing Co. Vs. Asst. Commissioner Of Income Pvt. Ltd., Tax, Sy.No.32, No.469, Jakkasandra Village, Circle 2(1)(1), Sondekappa Road, Nelamangala Taluk, Bengaluru-1. Bengaluru Ruraldistrict-562 123 Pan Aaccb 7928D Appellant Respondent. I.T.(T.P.)A. No.493/Bang/2015 (Assessment Year : 2010-11) (By Revenue) Assessee : Shri K.K. Chythanya, Advocate. Revenue By : Shri Ganapati R Bhat,Cit-Iii (D.R) Date Of Hearing : 10.09.2015. Date Of Pronouncement : 6.11.2015. O R D E R Per Shri Jason P. Boaz, A.M. : These Are Cross Appeals, One By The Assessee & The Other By Revenue, Directed Against The Final Order Of Assessment For Assessment Year 2010-11 Passed Under Section 143(3) Rws 144C(13) Of The Income Tax Act, 1961 (In Short 'The Act') Vide Order Dt.31.12.2014, In Pursuance Of The Directions Issued By The Dispute Resolution Panel (‘Drp’) Under Section 144C(5) Of The Act Dt.21.11.2014. 2. The Facts Of The Case, Briefly, Are As Under :- 2.1 The Assessee Company Is Engaged In The Manufacturing & Trading Of Wood Working Machinery, Spare Parts & Tools & Also Provides Software Testing, Technical Design & Marketing Services To Its Parent Company, Biesse Spa, Italy. The Assessee

For Appellant: Shri K.K. Chythanya, AdvocateFor Respondent: Shri Ganapati R Bhat,CIT-III (D.R)
Section 143(1)Section 143(3)Section 144C(5)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH “ C ” BEFORE SHRI VIJAYPAL RAO, JUDICIAL MEMBER AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER I.T.(T.P.)A. No.97/Bang/2015 (Assessment Year : 2010-11) M/s. Biesse Manufacturing Co. Vs. Asst. Commissioner of Income Pvt. Ltd., Tax, Sy.No.32, No.469, Jakkasandra Village, Circle 2(1)(1), Sondekappa Road, Nelamangala Taluk, Bengaluru-1. Bengaluru RuralDistrict-562 123 PAN AACCB 7928D Appellant Respondent. I.T.(T.P.)A. No.493/Bang/2015 (Assessment Year : 2010-11) (By Revenue) Assessee : Shri K.K. Chythanya, Advocate. Revenue By : Shri Ganapati R Bhat,CIT-III (D.R) Date…

Ingersoll-Rand(India) Ltd., Bangalore vs. DCIT Cr11(4), Bangalore

In the result, the appeal by the assessee is partly allowed

ITA 228/BANG/2015[2010-2011]Status: DisposedITAT Bangalore05 Nov 2015AY 2010-2011

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boaz

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-III(DR)
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER IT(TP)A No. 228/Bang/2015 Assessment year : 2010-11 Ingersoll Rand (India) Ltd., Vs. The Deputy Commissioner of Plot No.35, KIADB Industrial Income Tax, Area, Bidadi, Circle 11(4), Bangalore – 562 109. Bangalore. PAN: AAACI 3099Q APPELLANT RESPONDENT Appellant by : Shri K.R. Vasudevan, Advocate Respondent by : Shri Sanjay Kumar, CIT-III(DR) Date of hearing : 06.10.2015 Date of Pronouncement : 05.11.2015 O R D E R Per Asha Vijayaraghavan, Judicial Member This…

M/S Saphire Holdings, Bangalore vs. ITO, Bangalore

In the result, the assessee's appeal for Assessment Year 2006-07 is dismissed

ITA 75/BANG/2015[2006-07]Status: DisposedITAT Bangalore29 Oct 2015AY 2006-07

Bench: Shri Vijaypal Rao & Shri Jason P. Boaz

For Appellant: Shri Santhosha Kumar, C.AFor Respondent: Shri Sunil Kumar Agarwala, JCIT (D.R.)
Section 143(1)Section 143(3)Section 154Section 234B

…terest under Section 234B, 234C and 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) and we, therefore, uphold the action of the Assessing Officer in charging the said interest. The Assessing Officer is, however, directed to recompute the interest chargeable u/s. 234B, 234C and 234D of the Act, if any, while giving effect to this order. 6.1 In Grounds S.No.3 to 5, the sole issue for consideration in this appeal, the assessee assai…