2014 (7) TMI 685 - AT - Income Tax

Chargeability of Interest u/s 234B(1) or 234B(3) - Wrong charging of interest Held that - CIT(A) righty of the view that the intimation u/s 143(1)(a) is not an assessment and if the assessment for the first time is completed u/s 147 then the case will fall under sub-section (1) of section 234B - assessment for the first time was completed under the provisions of section 147 therefore, the case will fall under the provisions of sub-section (1) of section 234B - going by the Explanation 2 to Section 234B, when the assessment was made for the first time u/s 147 r.w section 143(3), the assessment is a regular assessment attracting the provisions of sub-section (1) of Section 234B - assessment is a regular assessment and not a reassessment thus, the order of the CIT(A) is upheld Decided against Assessee.

Summary

Issues Involved:
- Charging of interest under Section 234B(1) instead of Section 234B(3) by the Assessing Officer.

Analysis:

Issue 1: Charging of interest under Section 234B(1) instead of Section 234B(3)
1. The appeal was against the order passed by the Ld. CIT(A) regarding the charging of interest under Section 234B(1) instead of Section 234B(3) of the Income Tax Act, 1961 for the assessment year 2002-03.
2. The original return of income was filed by the assessee, followed by a survey under section 133A and a notice under section 148. The assessment was completed under section 143(3) read with Sections 147 and 245D(iv) based on the order of the Settlement Commission.
3. The Assessing Officer charged interest under Section 234B(1), but the assessee contended that interest should have been charged under Section 234B(3) from the date of determination of total income under section 143(1).
4. The assessee relied on decisions of the Kerala High Court to support their contention. However, the Ld. CIT(A) dismissed the appeal based on the order of the ITAT Mumbai Bench in another case.
5. The assessee further appealed, reiterating their submissions and relying on previous decisions. The Departmental Representative (D.R.) supported the order of the Ld. CIT(A) and cited a decision of the Madras High Court.
6. The Tribunal considered the arguments, provisions of Section 234B(1) and Section 234B(3), and the case laws cited by both sides. The Tribunal noted that the assessment was a regular assessment under section 147 read with section 143(3), attracting the provisions of Section 234B(1).
7. The Tribunal concluded that as per Explanation 2 to Section 234B, the assessment made under section 147 read with section 143(3) is a regular assessment, justifying the levy of interest under Section 234B(1). Therefore, the appeal of the assessee was dismissed for lacking merit.

In conclusion, the Tribunal upheld the charging of interest under Section 234B(1) instead of Section 234B(3) based on the nature of the assessment conducted, following the provisions of the Income Tax Act and relevant case laws cited during the proceedings.