9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 685 - AT - Income TaxCharging interest u/s 234A passed u/s 154 - return in response to notice u/s 153A was filed in said notice period - HELD THAT - Notice u/s 153A of the Act was issued on 13-02-2015 requiring the assessee to file ROI for the A.Y. 2009-10 to 2015-15 within 30 days of receipt of the notice The assessee filed the return of income u/s 153A for the A.Y. 2014-15 on 12-03-2015 i.e. with the time allowed by notice u/s 153A of the Act. It may be worthwhile to mention that the limitation for default in filing of the return u/s 153A would start from the expiry of the time allowed by the AO in the notice u/s 153A and the assessee filed the return within the time allowed by notice u/s 153A of the Act and, therefore, there is no delay in filing the return of income by the assessee as provided u/s 153A of the Act. No interest is leviable u/s 234A of the Act. Appeal of the assessee is allowed.
Issues involved:
The issues involved in this case are related to the levy of interest u/s 234A of the Income Tax Act, 1961. The main contention revolves around the commencement of the charge of interest under section 234A in a case where a notice u/s 153A was issued after the completion of an assessment under various sections. Details of the Judgment: Issue 1: Validity of the order u/s 154 The appellant challenged the order passed u/s 154 by the ACIT, Central Circle-2, Jodhpur, and confirmed by the ld. CIT(A)-2, Udaipur, on the grounds of being bade in law and on facts. The order levied interest u/s 234A for the period from 3-09-2014 till 12-03-2015. The appellant argued that the interest was wrongly charged as the return was filed within the time allowed by notice u/s 153A. Issue 2: Commencement of interest u/s 234A The crux of the matter was the commencement of interest u/s 234A, specifically whether it should start from the due date u/s 139(1) or the expiry of the period allowed in the notice u/s 153A. The ld. CIT(A) upheld the levy of interest, citing the unambiguous nature of the statute and the specific provisions of sub-section (3) of Section 234A. The appellant contended that as the return was filed within the time allowed by the notice u/s 153A, no interest should be levied. Issue 3: Interpretation of Section 153A The Tribunal analyzed Section 153A of the Income Tax Act, which overrides other sections including Section 139 when a search is initiated. It was observed that since the search was conducted, the provisions of Section 153A came into operation, and the notice u/s 153A required the assessee to file the return within the specified period. As the return was filed within the time allowed by the notice, no delay was incurred, and hence, no interest u/s 234A was deemed applicable. In conclusion, the Tribunal allowed the appeal of the assessee, setting aside the findings of the ld. CIT(A) and ruling in favor of the assessee regarding the levy of interest u/s 234A.
|
