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TMI Blog2015 (8) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... compass. On the facts of the present case, it is an admitted position that the assessment order dated 29.03.1995 of the Assistant Commissioner of Income Tax, New Delhi, does not contain any direction for the payment of interest. The appellate order in the present case merely stated that interest is payable under Section 234B of the Income Tax Act (hereinafter referred to as 'Act'), without more. In the first round, before the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT'), the ITAT's attention was not drawn to the payment of interest at all. On an application made, the ITAT by its order dated 12.11.2002 specifically held that since no direction had actually been given in the assessment order for pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is parasitic in nature, in that, it applies the moment there is shortfall of advance tax or income tax payable under the Act but that it is compensatory in nature. Countering this submission, Ms. Shipra Ghosh, learned counsel appearing for the respondent, supported the judgment of the ITAT and the High Court by stating that the judgment in Ranchi Club Ltd.'s case squarely covers the facts of this case. We have heard learned counsel for the parties. We do not feel the need to go into the various submissions made by Mr. Guru Krishna Kumar as this appeal can be disposed of on a short ground. In a three-Judges Bench decision, viz., Kalyankumar Ray v. Commissioner of Income Tax, West Bengal-IV, Calcutta [1992 Supp (2) SCC 424] , this Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is certainly an order in writing by the ITO determining the tax payable within the meaning of Section 143(3). It may be, as stated in CIT v. Himalaya Drug Co. only a tax calculation form for departmental purposes as it also contains columns and code numbers to facilitate computerisation of the particulars contained therein for statistical purposes but this does not detract from its being considered as an order in writing determining the sum payable by the assessee. We are unable to see why this document, which is also in writing and which has received the imprimatur of the ITO should not be treated as part of the assessment order in the wider sense in which the expression has to be understood in the context of Section 143(3). There is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) Subject to the other provisions of this section, where, in any financial year, an assessee who is liable to pay advance tax under section 208 has failed to pay such tax or, where the advance tax paid by such assessee under the provisions of section 210 is less than ninety per cent of the assessed tax, the assessee shall be liable to pay simple interest at the rate of one per cent for every month or part of a month comprised in the period from the 1st day of April next following such financial year to the date of determination of total income under sub-section (1) of section 143 and where a regular assessment is made, to the date of such regular assessment, on an amount equal to the assessed tax or, as the case may be, on the amount by wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conditions of Section 234B are met.We are of the view that the facts of the present case are squarely covered by the decision contained in Kalyankumar Ray's case inasmuch as it is undisputed that Form I.T.N.S.150 contained a calculation of interest payable on the tax assessed. This being the case, it is clear that as per the said judgment, this Form must be treated as part of the assessment order in the wider sense in which the expression has to be understood in the context of Section 143, which is referred to in Explanation 1 to Section 234B.This being the case, we set aside the judgment of the High Court and allow the appeal of the Revenue. There will be no orders as to cost. Civil Appeal No. 1198 of 2006 The appeal is dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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