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

Shri Shri Sushil Kumar Agrawal, Korba, Korba(Cg) vs. The Joint Commissioner of Income Tax, Range Korba, Korba(Cg)

In the result, appeal of the assesee in ITA No

ITA 93/BIL/2017[2010-11]Status: DisposedITAT Raipur27 Mar 2023AY 2010-11

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 93 & 94/Rpr/2017 "नधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., T.P Nagar, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ"/Appellant बनाम / V/S. The Joint Commissioner Of Income Tax, Korba (C.G.) ……""यथ" / Respondent

For Appellant: Shri Y.K Mishra, AdvocateFor Respondent: Shri Choudhary N.C Roy, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 234BSection 40Section 68

…ee that the A.O had erred in law and facts of the case in directing charging of interest u/s.234B of the Act, we find no substance in the same. We, say so, for the reason that as held by the Hon’ble Supreme Court in the case of Anjum M.H Ghaswala & Ors (2001) 252 ITR 1 (SC) as the levy of interest u/s.243B is mandatory, therefore, no infirmity can be attributed to the direction of the A.O for charging of the same in the body of the assessment order. The Ground of appeal No.10 is dismissed in terms of our aforesaid observations. 49. The Ground of Appeal No.11 being general in nature is dismissed as not pressed.…

M/S Kesarwani Marketing(P).Ltd., Allahabad vs. Jt. CIT(OSD), Allahabad

In the result appeal filed by assessee in ITA No

ITA 78/ALLD/2013[2008-09]Status: DisposedITAT Allahabad01 Feb 2023AY 2008-09

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Praveen Godbole, C.A. & Shri UtkarshFor Respondent: Shri Ramendra Kumar Vishwakarma CIT DR
Section 132Section 153A

…ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 & 78/Alld/2013 Assessment Year: 2005-06,2006-07,2007-08 & 2008-09 M/s. Kesarwani Marketing Private Limited,Allahabad U.P. v. JCIT (OSD), Central Circle, Allahabad IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 & 78/Alld/2013, Assessment Year(s): 2005-06,2006-07,2007-08 & 2008-09 M/s. Kesarwani Marketing Joint Commissioner Of Income Private Limited v. Tax (OSD), Central Circle, Sahson, Allahabad. Allahabad U.P.…

M/S Kesarwani Marketing (P) Ltd, Allahabad vs. Jt.CIT, (OSD), Allahabad

In the result appeal filed by assessee in ITA No

ITA 77/ALLD/2013[2007-08]Status: DisposedITAT Allahabad01 Feb 2023AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Praveen Godbole, C.A. & Shri UtkarshFor Respondent: Shri Ramendra Kumar Vishwakarma CIT DR
Section 132Section 153A

…ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 & 78/Alld/2013 Assessment Year: 2005-06,2006-07,2007-08 & 2008-09 M/s. Kesarwani Marketing Private Limited,Allahabad U.P. v. JCIT (OSD), Central Circle, Allahabad IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 & 78/Alld/2013, Assessment Year(s): 2005-06,2006-07,2007-08 & 2008-09 M/s. Kesarwani Marketing Joint Commissioner Of Income Private Limited v. Tax (OSD), Central Circle, Sahson, Allahabad. Allahabad U.P.…

M/S Kesarwani Marketing (P) Ltd, Allahabad vs. Jt. C.It, (OSD), Allahabad

In the result appeal filed by assessee in ITA No

ITA 76/ALLD/2013[2006-07]Status: DisposedITAT Allahabad01 Feb 2023AY 2006-07

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Praveen Godbole, C.A. & Shri UtkarshFor Respondent: Shri Ramendra Kumar Vishwakarma CIT DR
Section 132Section 153A

…ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 & 78/Alld/2013 Assessment Year: 2005-06,2006-07,2007-08 & 2008-09 M/s. Kesarwani Marketing Private Limited,Allahabad U.P. v. JCIT (OSD), Central Circle, Allahabad IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 & 78/Alld/2013, Assessment Year(s): 2005-06,2006-07,2007-08 & 2008-09 M/s. Kesarwani Marketing Joint Commissioner Of Income Private Limited v. Tax (OSD), Central Circle, Sahson, Allahabad. Allahabad U.P.…

M/S Kesarwani <Arketing (P) Ltd, Allahabad vs. Jt.CIT (OSD), Allahabad

In the result appeal filed by assessee in ITA No

ITA 159/ALLD/2013[2005-06]Status: DisposedITAT Allahabad01 Feb 2023AY 2005-06

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Praveen Godbole, C.A. & Shri UtkarshFor Respondent: Shri Ramendra Kumar Vishwakarma CIT DR
Section 132Section 153A

…ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 &amp; 78/Alld/2013 Assessment Year: 2005-06,2006-07,2007-08 &amp; 2008-09 M/s. Kesarwani Marketing Private Limited,Allahabad U.P. v. JCIT (OSD), Central Circle, Allahabad IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.159/Alld./2013, 76/Alld./2013, 77/Alld/2013 &amp; 78/Alld/2013, Assessment Year(s): 2005-06,2006-07,2007-08 &amp; 2008-09 M/s. Kesarwani Marketing Joint Commissioner Of Income Private Limited v. Tax (OSD), Central Circle, Sahson, Allahabad. Allahabad U.P.…

Air India Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4467/MUM/2018[2010-11]Status: DisposedITAT Mumbai13 Dec 2022AY 2010-11

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…ure in the sense that it is payable by the assessee to the revenue for delayed payment of its dues. The said proposition is clearly borne out of the following judicial pronouncements: - No. Case Title Judicial Cittion Authority 1 Anjum MH Ghaswala Hon’ble SC 252 ITR 1 and Ors 2 CIT Vs. Kotal Hon’ble 265 ITR 119 Mahindra Fin Ltd Bombay HC 3 Raju Bhojwani Vs Hon’ble 13 Taxman CIT Delhi HC 221 4 CIT Vs Anand Hon’ble 316 ITR 141 Prakash Delhi HC 4.2 Proceedings further, the submissions of Ld. AR that the disallowance could not be made u/s 40(a)(ii) since the expression tax did not include interest, is also tenable…

Air India Ltd, Mumbai vs. DCIT 5(1)(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4544/MUM/2018[2012-13]Status: DisposedITAT Mumbai07 Dec 2022AY 2012-13

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…ure in the sense that it is payable by the assessee to the revenue for delayed payment of its dues. The said proposition is clearly borne out of the following judicial pronouncements: - No. Case Title Judicial Cittion Authority 1 Anjum MH Ghaswala Hon’ble SC 252 ITR 1 and Ors 2 CIT Vs. Kotal Hon’ble 265 ITR 119 Mahindra Fin Ltd Bombay HC 3 Raju Bhojwani Vs Hon’ble 13 Taxman CIT Delhi HC 221 4 CIT Vs Anand Hon’ble 316 ITR 141 Prakash Delhi HC 4.2 Proceedings further, the submissions of Ld. AR that the disallowance could not be made u/s 40(a)(ii) since the expression tax did not include interest, is also tenable…

Air India Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4518/MUM/2018[2011-12]Status: DisposedITAT Mumbai07 Dec 2022AY 2011-12

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…ure in the sense that it is payable by the assessee to the revenue for delayed payment of its dues. The said proposition is clearly borne out of the following judicial pronouncements: - No. Case Title Judicial Cittion Authority 1 Anjum MH Ghaswala Hon’ble SC 252 ITR 1 and Ors 2 CIT Vs. Kotal Hon’ble 265 ITR 119 Mahindra Fin Ltd Bombay HC 3 Raju Bhojwani Vs Hon’ble 13 Taxman CIT Delhi HC 221 4 CIT Vs Anand Hon’ble 316 ITR 141 Prakash Delhi HC 4.2 Proceedings further, the submissions of Ld. AR that the disallowance could not be made u/s 40(a)(ii) since the expression tax did not include interest, is also tenable…

DCIT 5(1)(1), Mumbai vs. Air India Ltd, Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4486/MUM/2018[2010-11]Status: DisposedITAT Mumbai07 Dec 2022AY 2010-11

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…ure in the sense that it is payable by the assessee to the revenue for delayed payment of its dues. The said proposition is clearly borne out of the following judicial pronouncements: - No. Case Title Judicial Cittion Authority 1 Anjum MH Ghaswala Hon’ble SC 252 ITR 1 and Ors 2 CIT Vs. Kotal Hon’ble 265 ITR 119 Mahindra Fin Ltd Bombay HC 3 Raju Bhojwani Vs Hon’ble 13 Taxman CIT Delhi HC 221 4 CIT Vs Anand Hon’ble 316 ITR 141 Prakash Delhi HC 4.2 Proceedings further, the submissions of Ld. AR that the disallowance could not be made u/s 40(a)(ii) since the expression tax did not include interest, is also tenable…

DCIT 5(1)(1), Mumbai vs. Air India Ltd, Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4485/MUM/2018[2011-12]Status: DisposedITAT Mumbai07 Dec 2022AY 2011-12

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…ure in the sense that it is payable by the assessee to the revenue for delayed payment of its dues. The said proposition is clearly borne out of the following judicial pronouncements: - No. Case Title Judicial Cittion Authority 1 Anjum MH Ghaswala Hon’ble SC 252 ITR 1 and Ors 2 CIT Vs. Kotal Hon’ble 265 ITR 119 Mahindra Fin Ltd Bombay HC 3 Raju Bhojwani Vs Hon’ble 13 Taxman CIT Delhi HC 221 4 CIT Vs Anand Hon’ble 316 ITR 141 Prakash Delhi HC 4.2 Proceedings further, the submissions of Ld. AR that the disallowance could not be made u/s 40(a)(ii) since the expression tax did not include interest, is also tenable…

ACIT, Circle- 7(1), New Delhi vs. Decent Financial Services Pvt. Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 5707/DEL/2019[2015-16]Status: DisposedITAT Delhi24 Nov 2022AY 2015-16

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2015-16 Acit, Vs. Decent Financial Circle-5(2), Services Pvt. Ltd., New Delhi. A-86, Dd Shed, Okhla Industrial Area, Phase-I, New Delhi. Pan: Aaacd2899P (Appellant) (Respondent) Assessee By : Shri Amit Sharma, Advocate Revenue By : Shri Kumar Pranav, Sr. Dr Date Of Hearing : 21.11.2022 Date Of Pronouncement : 24.11.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 10.04.2019 Of The Cit(A)-3, New Delhi, Relating To Assessment Year 2015-16. 2. The Ground Of Appeal Raised By The Revenue Reads As Under:- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A)Has Grossly Erred In Deleting The Disallowance Made By The Ao U/S 14A R.W. Rule 8D Of The Act Of Rs.1,62,35,930/-. 2. The Appellant Craves Leave To Add, Amend Or Forego Any Ground(S) Of Appeal At Any Time Before Or During The Hearing Of This Appeal.” 3. The Ld. Sr. Dr, Supporting The Assessment Order Dated 26.12.2017 Passed U/S 143(3) Of The Income-Tax Act, 1961 (For Short, ‘The Act’) Submitted That The Assessee Had Earned Substantial Dividend Income Of Rs.1,22,16,840/-, Therefore, The Ao Was Right In Making Disallowance U/S 14A Of The Act R.W.R. 8D Of The Income-Tax Rules, 1962 (For Short, ‘The Rules’). The Ld. Sr. Dr Submitted That The Assessee Has Capitalized Substantial Amount Of Interest Paid By Him On The Amount Invested, Therefore, The Amount Of Disallowance Has To Be Calculated Accordingly.

For Appellant: Shri Amit Sharma, AdvocateFor Respondent: Shri Kumar Pranav, Sr. DR
Section 143(3)Section 14A

…of interest is mandatory and consequential to the determination of total income and has to be paid when the statutory conditions are satisfied. This has been observed and confirmed by the Hon’ble Supreme Court in the case of CIT vs. Anjum M.H. Ghaswala (2001) 252 ITR 1 (SC). In view of this position of law, the ground of appeal is dismissed.” 7. In our considered opinion, when the entire amount of dividend income of Rs.1,22,16,840/- has been offered for taxation by the assessee in its return of income and no exempt income has been claimed for AY 2015-16, then, the disallowance u/s 14A of the Act r.w.r. 8D of the…

M/S. Shanti Construction Company, Ratnagiri vs. Income-Tax Officer, Ward-2, Ratnairi

ITA 375/PUN/2020[1999-20]Status: DisposedITAT Pune08 Sept 2022AY 1999-20

Bench: Shri Ss Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 374 & 375/Pun/2020 निर्धारण वर्ा / Assessment Year : 1999-2000 M/S Shanti Construction Company Ram Lane, Ratnagiri. . . . . . . . अपीऱधर्थी / Appellant Pan : Abhfs1628N बनाम / V/S. Income Tax Officer, . . . . . . . प्रत्यर्थी / Respondent Ward-2, Ratnagiri. द्वारा / Appearances Assessee By : None For The Assessee. Revenue By : Shri M. G. Jasnani. सुनवाई की तारीख / Date Of Conclusive Hearing : 08/09/2022 घोषणा की तारीख / Date Of Pronouncement : 08/09/2022 आदेश / Order Per G. D. Padmahshali, Am; Two Appeals Of The Assessee Are Assailed Against The Orders Of The Commissioner Of Income Tax (Appeals)-2, Kolhapur [For Short “Cit(A)”] Dt. 30/01/2020 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Ascended Out Of Separate Orders Of Income Tax Officer Ward-2, Ratnagiri [For Short “Ao”] Dt. 26/12/2011 & 11/09/2015 Passed U/S 143(3) & 220(2) Respectively, For Assessment Year [For Short “Ay”] 1999-2000. Itat-Pune Page 1 Of 16

For Appellant: None for the assesseeFor Respondent: Shri M. G. Jasnani
Section 143(2)Section 143(3)Section 234ASection 250

…restated provision of law being consequential and mandatory in nature, shall follow in line with the ground number 2 adjudicated herein before, by applying the ratio laid in a landmark decision of Hon’ble Apex Court in “CIT Vs Anjum M.H. Ghaswala” reported in 252 ITR 1 (SC), consequently the ground number 4 &amp; 5 are also stands dismissed. B. Appeal Number ITA/374/PUN/2020 13. The ground agitated in the present appeal is consequential to order of assessment passed u/s 143(3) r.w.s. 254 of the Act against levy of interest u/s 220(2) of the Act, and for the sake of handiness same is reproduced herein below; “1. On t…

M/S. Shanti Construction Company, Ratnagiri vs. Income-Tax Officer, Ward-2, Ratnagiri

ITA 374/PUN/2020[1999-20]Status: DisposedITAT Pune08 Sept 2022AY 1999-20

Bench: Shri Ss Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 374 & 375/Pun/2020 निर्धारण वर्ा / Assessment Year : 1999-2000 M/S Shanti Construction Company Ram Lane, Ratnagiri. . . . . . . . अपीऱधर्थी / Appellant Pan : Abhfs1628N बनाम / V/S. Income Tax Officer, . . . . . . . प्रत्यर्थी / Respondent Ward-2, Ratnagiri. द्वारा / Appearances Assessee By : None For The Assessee. Revenue By : Shri M. G. Jasnani. सुनवाई की तारीख / Date Of Conclusive Hearing : 08/09/2022 घोषणा की तारीख / Date Of Pronouncement : 08/09/2022 आदेश / Order Per G. D. Padmahshali, Am; Two Appeals Of The Assessee Are Assailed Against The Orders Of The Commissioner Of Income Tax (Appeals)-2, Kolhapur [For Short “Cit(A)”] Dt. 30/01/2020 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Ascended Out Of Separate Orders Of Income Tax Officer Ward-2, Ratnagiri [For Short “Ao”] Dt. 26/12/2011 & 11/09/2015 Passed U/S 143(3) & 220(2) Respectively, For Assessment Year [For Short “Ay”] 1999-2000. Itat-Pune Page 1 Of 16

For Appellant: None for the assesseeFor Respondent: Shri M. G. Jasnani
Section 143(2)Section 143(3)Section 234ASection 250

…restated provision of law being consequential and mandatory in nature, shall follow in line with the ground number 2 adjudicated herein before, by applying the ratio laid in a landmark decision of Hon’ble Apex Court in “CIT Vs Anjum M.H. Ghaswala” reported in 252 ITR 1 (SC), consequently the ground number 4 &amp; 5 are also stands dismissed. B. Appeal Number ITA/374/PUN/2020 13. The ground agitated in the present appeal is consequential to order of assessment passed u/s 143(3) r.w.s. 254 of the Act against levy of interest u/s 220(2) of the Act, and for the sake of handiness same is reproduced herein below; “1. On t…

Frontline Securities Limited, New Delhi vs. DCIT CPC, New Delhi

In the result, appeal of the assessee is allowed for statistical purposes

ITA 343/DEL/2021[2018-19]Status: DisposedITAT Delhi05 Aug 2022AY 2018-19

Bench: Sh. Anil Chaturvedi & Shri Narender Kumar Choudhary(Respondent) Assessee By --None-- Revenue By Shri M. Baranwal, Sr. D.R. Date Of Hearing: 03.08.2022 Date Of Pronouncement: 05.08.2022 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.07.2020 Of The Commissioner Of Income Tax (Appeals)-3, New Delhi Relating To Assessment Year 2018-19. 2. The Relevant Facts As Culled From The Material On Records Are As Under :

Section 10(38)Section 115JSection 143(1)Section 234C

…erest u/s 234C of the Income Tax Act, 1961, which cannot be disclosed in ITR Form. 7. That on the facts and circumstances of the case the Ld. Hon’able Commissioner of Income tax (Appeals) erred by wrongly quoting the case law CIT vs. Anjum M.H Ghaswala (2001) 252 ITR 1 (SC) by stating that Interest u/s 234C is mandatory and consequential to the determination of total income. Although the Interest u/s 234C is mandatory, however, provision of section 234C is not applicable to any short fall in the payment of the tax due on the returned income, where such shortfall is on account of under estimate or failure to estim…

Shri Balkrishna P. Trivedi, HUF by Karta Riddhish B Trivedi, Ahmedabad vs. The ACIT, Circle-5(2), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 894/AHD/2019[2008-09]Status: DisposedITAT Ahmedabad13 Jul 2022AY 2008-09

Bench: Shri P.M. Jagtap, Vice- & Smt.Suchitra R. Kambleassessment Year : 2008-09 Shri Balkrishna P. Trivedi Huf Assistant Commissioner Of By Karta Riddhish B. Trivedi, Vs Income-Tax, 10 Sbi Society, Ambawadi, Circle 5(2), Ahmedabad-380015 Ahmedabad Pan : Aaaht 1746 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Hardik Vora, Ar Revenue By : Smt. M.M. Garg, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 29/06/2022 घोषणा क" तार"ख /Date Of Pronouncement: 13/07/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-5, Ahmedabad (“Cit(A)” In Short) Dated 20.03.2019 & The Solitary Issue Involved Therein Relating To Charging Of Interest Under Section 234B Of The Income-Tax Act, 1961 (“The Act” In Short) Is Raised By Way Of The Following Grounds:- 1.1. The Hon’Ble Cit(A) Has Erred In Confirming Interest Of Rs.24,39,103/- Charged U/S 234B Of The Act As Against Interest Of Rs.9,84,716/- Chargeable As Per The Provisions As Per Section 234B Of The Act. 1.2. The Appellant Respectfully Submit That As Per Provisions Of Section 234B(4)Of The Act, In The Case When Order Is Passed U/S 263 Of The Act, Interest Has To Be Charged Upto The Date Of Original Assessment Order. Therefore In The Appellant Case Interest U/S 234B Of The Act Should Be Charged From 01.04.2008 To 30.09.2010 Only. The Assessing Officer Has Charged The Same From 01.04.2008 To 24.03.2014. 1.3. The Appellant Therefore Submits That Interest U/S 234B Of The Act Be Charged At Rs.9,84,716/-. Shri Balkrishna P Trivedi Huf By Karta Riddhish B Trivedi Vs. Acit Ay : 2008-09 2

For Appellant: Shri Hardik Vora, ARFor Respondent: Smt. M.M. Garg, Sr DR
Section 143Section 143(1)Section 143(3)Section 154Section 155Section 156Section 208Section 210Section 234BSection 234B(1)

…आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद &quot;यायपीठ आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण अहमदाबाद &quot;यायपीठ अहमदाबाद &quot;यायपीठ ‘A’ अहमदाबाद। अहमदाबाद &quot;यायपीठ अहमदाबाद। अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD ] ] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SMT.SUCHITRA R. KAMBLE, JUDICIAL MEMBER Assessment Year : 2008-09 Shri Balkrishna P. Trivedi HUF Assistant Commissioner of By Karta Riddhish B. Trivedi, Vs Income-tax, 10 SBI Society, Ambawadi, Circle 5(2), Ahmedabad-380015 Ahmedabad PAN : AAAHT 1746 C अपीलाथ&quot;/ (Appellant) &quot;&quot; यथ&quot;/ (Respondent) Assessee by : Shri Hardik Vor…

Dsob Class of 64 Charitable Trust, Delhi vs. DCIT, CPC, Delhi

Appeal of the assessee is allowed in terms stated above

ITA 1417/DEL/2021[2018-19]Status: DisposedITAT Delhi25 May 2022AY 2018-19

Bench: Shri Kul Bharat

Section 11Section 11(1)(a)Section 12ASection 12A(1)(b)Section 143(1)Section 234BSection 250

…ntial in nature as charging of interest under sections 234A/234B/234C/234D of the I.T. Act is mandatory and not 5 DSOB Class of 64 Charitable Trusts Vs. DCIT, CPC discretionary as held by the Hon’bie Supreme Court in the case of Anjuman H Ghaswala reported in 252 ITR 1 and also the decision of the Apex Court in the case of CIT vs. Hindustan Bulk Carriers reported in 259 ITR 449. Accordingly, this ground of appeal stands DISMISSED.” 4. Aggrieved against the order of the learned CIT(Appeals), now the assessee is in before this Tribunal. 5. Learned counsel for the assessee vehemently argued that the authorities…

Colt Technology Services India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the ITA No

ITA 1908/DEL/2017[2012-13]Status: DisposedITAT Delhi13 Apr 2022AY 2012-13

Bench: Shri B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 10ASection 143(3)Section 144C

…ith law that was in force. Therefore, it is obvious that there was no failure on the part of the appellant to pay advance tax in accordance with the provisions of sections 208 and 209. So far as the judgment of the Supreme Court in the case of Ghaswala [20011 252 ITR 1 is concerned, the Supreme Court was concerned with the sections 234A, 234B and 234C. The Supreme Court in no uncertain terms held that the interest is compensatory in nature. The court read the provisions of sections 234A, 234B and 234C as mandatory in character holding that after the amendment in the provisions in the Finance Act, 1987, that with…

M/S Colt Technology Services (I) Pvt Ltd, New Delhi vs. DCIT, New Delhi

In the result, both the ITA No

ITA 536/DEL/2015[2010-11]Status: DisposedITAT Delhi13 Apr 2022AY 2010-11

Bench: Shri B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 10ASection 143(3)Section 144C

…ith law that was in force. Therefore, it is obvious that there was no failure on the part of the appellant to pay advance tax in accordance with the provisions of sections 208 and 209. So far as the judgment of the Supreme Court in the case of Ghaswala [20011 252 ITR 1 is concerned, the Supreme Court was concerned with the sections 234A, 234B and 234C. The Supreme Court in no uncertain terms held that the interest is compensatory in nature. The court read the provisions of sections 234A, 234B and 234C as mandatory in character holding that after the amendment in the provisions in the Finance Act, 1987, that with…

Kady Mercantile Pvt. Ltd., Mumbai vs. ITO - 1(3)(4), Mumbai

In the result, appeal filed by the assessee is dismissed

ITA 3262/MUM/2018[2011-12]Status: DisposedITAT Mumbai31 Mar 2022AY 2011-12

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: NoneFor Respondent: Ms. Neha Thakur
Section 143(3)Section 144Section 147Section 234BSection 68

…drawal can be given: hence, this ground is dismissed. ……. 6.1. It may be noted that interest chargeable u/s 234B of the Act is mandatory and consequential in nature. Respectfully following the decision of Hon&#x27;ble Supreme Court in the case of Anjum M Ghaswala [252 ITR 1] (SC), the same is dismissed. 6.2. Further, the sum seized is being deposited in the PD A/c of the concerned CIT and cannot be treated as advance payment of fax. However, the AO is directed to get the tax demand adjusted, against the seized amount, by following the due process/prescribed procedure. The grounds 4 and 5 are dismissed for statistical…

ACIT, Mumbai vs. Jasmino Polymertech Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 5738/MUM/2019[2010-11]Status: DisposedITAT Mumbai08 Mar 2022AY 2010-11

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 5738/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Acit बिधम/ Jasmino Polymertech Pvt. 5Th Floor, Room No.506, Ltd. Vs. Aayakar Bhavan, M. K. L-61, Midc Industrial Area, Taloja, Raigad, Maharashtra- Road, Mumbai-400020. 410208. & Cross Objection No.41/Mum/2021 आयकर अपील सं/ I.T.A. No. 5738/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Jasmino Polymertech Pvt. बिधम/ Acit-6(3)(1) 5Th Floor, Room No.506, Ltd. Vs. L-61, Midc Industrial Area, Aayakar Bhavan, M. K. Taloja, Raigad, Maharashtra- Road, Mumbai-400020. 410208. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacj5175G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Ujjawal Kumar Assessee By: Shri Devendra Jain सुनवाई की तारीख / Date Of Hearing: 19/01/2022 घोषणा की तारीख /Date Of Pronouncement: 08/03/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 21.05.2019 Passed By The Commissioner Of Income Tax (Appeals)-12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11. C.O. No.41/Mum/2021 A.Y.2010-11 2. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Devendra JainFor Respondent: Shri Ujjawal Kumar
Section 133(6)Section 143(1)Section 143(2)Section 147Section 40

…accordingly. Appellant gets part relief. This ground is partly allowed. 6 Ground No. 6 relates to levying interest u/s.234B &amp; C of the Act. The levy of interest is mandatory as held by the Hon‟ble Supreme Court in the case of CIT V Anjum M H Ghaswala (2001) 252 ITR 1 (SC). Hence, the contention of the appellant cannot be considered to be legally tenable. Therefore, the ground of appeal is dismissed. 7 In Ground No. 7 the assessee contested initiation of penalty u/s 271(1)(c). AO while passing the order has only initiated penalty. There cannot be a grievance against initiation of penalty and the ground of appea…