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TMI Blog2016 (11) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... ed tribunal in confirming the order passed by the learned CIT(A) deleting levy of interest under section 234(B) of the Act, which was passed by the A.O. in exercise of powers under section 154 of the Act, which was passed after the learned CIT(A), in exercise of appellate jurisdiction setting aside the levy of interest under section 234(B) of the Act vide order dated 28/11/2002. Now, so far as deletion of interest, charged under section 234(D) of the Act by the learned CIT(A), by the learned tribunal is concerned, Mrs.Bhatt, learned counsel appearing on behalf of the department has stated at the bar that as the amount involved is ₹ 97,009/- only, on the smallness of the amount only she does not press the present appeal qua deletion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to ₹ 4,01,899. 2.02. It appears that feeling aggrieved and dissatisfied with the addition / disallowance made in the assessment order as well as interest charged under section 234(B) directly in the Demand Notice, assessee preferred appeal before the learned CIT(A) and the learned CIT(A) vide order dated 28/11/2002 granted certain relief against quantum addition and also directed to delete interest under section 234(B). 2.03. It appears that thereafter A.O. passed order on 6/1/2003 giving effect to the order of the learned CIT(A) deleting interest charged under section 234(B) which was charged for the first time while issuing Demand Notice. 2.04. That thereafter a Notice under section 154 of the Act was issued by the A.O. on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the same applies to the assessment orders falling thereafter. 2.07. The A.O. dismissed the said rectification application vide order dated 3/2/2005 and refused to rectify the earlier order passed under section 154 dated 3/1/2005. 2.08. Feeling aggrieved and dissatisfied with the rejection order under section 154 dated 3/2/2005, assessee preferred appeal before the learned CIT(A). The learned CIT(A) vide order dated 22/12/2005 allowed the said appeal quashing and setting aside order passed under section 154 of the Act dated 3/1/2005 levying interest under section 234(B) and under section 234(D) of the Act on the ground that once levy of interest under section 234(B) was already set aside by the learned CIT(A) earlier vide order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue has preferred present Tax Appeal to consider the aforesaid substantial questions of law. 3.00. We have heard Ms.Mauna Bhatt, learned counsel appearing on behalf of the revenue and Mr.Manish J. Shah, learned counsel appearing on behalf of the respondent assessee. 3.01. Having heard the learned counsel appearing on behalf of the respective parties, it is not in dispute that earlier by Demand Notice and after assessment order interest was charged under section 234(B) of the Act. However, the said demand of interest under section 234(B) of the Act was set aside by the learned CIT(A) vide order dated 28/11/2002. It is an admitted position that thereafter the matter was not carried to appeal by the revenue against the order passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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