9911796707
TMI Blog2014 (8) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... fy the earlier order of the learned Commissioner (Appeals) again under section 154, for the second time. That apart on merits also, whether the interest under section 234B and 234C are to be levied on account of retrospective amendment brought in the statute in a subsequent date is again a matter of great debate because it cannot be held that the assessee at the time of filing of return of income could have foreseen such an amendment and was obliged to pay any kind of advance tax especially on a disallowance under section 14A, when the explanation to section 115JB was brought in the statute by Finance Act, 2008, with retrospective effect from 1st April 2001. In such a situation, it cannot be said that the assessee was liable to pay advance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 234B and 234C, on tax payable under section 115JB. Therefore, the impugned order is not maintainable as earlier order of the learned Commissioner (Appeals) passed under section 154, has been held to be not tenable by the Tribunal. 3. Facts in brief:- In case of the assessee, assessment order under section 143(3), was passed vide order dated 26th December 2008, wherein the Assessing Officer has computed the income at nil under the head profits and gains of business under section 28, and also computed the book profit at ₹ 6,86,58,197, under section 115JB. Against the said order, the assessee had preferred an appeal before the learned Commissioner (Appeals), who, vide order dated 11th January 2010, has dismissed the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 154. In the mean time, the learned Commissioner (Appeals), vide notice dated 31st August 2012, passed by the learned Commissioner (Appeals) issued under section 154, sought to rectify order dated 20th June 2012, to withdraw the relief granted by the learned Commissioner (Appeals). The assessee had also filed application under section 154, stating that the ground no.6 to 9, challenging the levy of interest under section 234B and 234C and 220(2), which was raised earlier in the course of rectification proceedings has not been adjudicated upon. The learned Commissioner (Appeals) insofar as the issue of part relief on disallowance under section 14A, held that no rectification is required. However, he proceeded to adjudicate the issue of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s highly debatable in nature then the entire proceedings under section 154, come to an end. Once the original proceedings under section 154, has been decided in such a manner, then there was no occasion to rectify the earlier order of the learned Commissioner (Appeals) again under section 154, for the second time. That apart on merits also, whether the interest under section 234B and 234C are to be levied on account of retrospective amendment brought in the statute in a subsequent date is again a matter of great debate because it cannot be held that the assessee at the time of filing of return of income could have foreseen such an amendment and was obliged to pay any kind of advance tax especially on a disallowance under section 14A, when t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
