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TMI Blog2013 (2) TMI 400X X X X Extracts X X X X X X X X Extracts X X X X ..... e difference between review/recall of the order and rectification under section 154. The schedule of Chapter XIX-A does not contemplate invocation of section 154 otherwise there would be no finality to the assessment by settlement which is different from assessment under Chapter XIV where there is an appeal, revision, etc. Settlement of liability and not determination of liability is the object of Chapter XIX-A. In favour of assessee - CWP No.11693 of 2003(O&M) - - - Dated:- 20-7-2012 - MR. AJAY KUMAR MITTAL AND MR. GURMEET SINGH SANDHAWALIA JJ. Present:- Mr. D.K.Goyal, Advocate for Mr. Pankaj Jain, Advocate for the petitioner. Mr. Rajesh Katoch, Advocate for the respondent. Ajay Kumar Mittal, J. 1. The short questio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iving direction for not charging interest under section 234A of the Act and for charging interest under section 234B of the Act upto the date of filing of return for non-payment of advance tax in view of judgment of the Hon'ble Supreme Court in the case of CIT v. Arjum M.H.Ghaswala and others, (2001) 252 ITR 1. The Settlement Commission considered the matter and allowed the necessary rectification to be carried out in the order dated 21.6.1999 and accordingly interest under sections 234A and 234B of the Act was levied. Consequently demand was raised vide Annexure P.4. Hence this petition. 3. Learned counsel for the petitioner relying upon judgment of the Apex Court in Brij Lal and others v. Commissioner of Income Tax, (2010) 328 ITR 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e manner indicated under Chapter XIX-A vide sections 245C(1B) and 245C(1C) read with the proviso to section 245C (1) on the additional income tax payable on the undisclosed income. Further, if one examines the provisions of sections 245C (1B) and 245(1C), one finds that various situations are taken into account while computing the additional amount of tax payable viz., if the applicant has not filed his returns, if he has filed but orders of assessment are not passed or if the proceedings are pending for reassessment under section 147 (again in Chapter XIV) or by way of appeal or revision in connection with such reassessment and the applicant has not furnished his return of total income in which case tax has to be calculated on the aggreg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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