2014 (10) TMI 925

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..... is mandatory therefore it should be decided against the assessee. However the assessee contended that it may be sent to the Assessing Officer for actual calculation purposes only. Agreed, levy of interest is mandatory and sometimes consequential depending upon the facts of each case. We note that identical issue arose before the Tribunal in the aforesaid cases therefore following the reasoning contained therein, we direct the Assessing Officer to recomputed the interest liability after reducing the amount of tax deductable at source and decide as per the provisions of law. We direct accordingly, thus, this ground is allowed for statistical purposes. - ITA No.1035/MUM/2013, ITA No.1033/MUM/2013, ITA No.3464/MUM/2013 - - - Dated:- 8-10-20 .....

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..... in law and in facts in charging interest u/s 234A, 234B, and 234C of the Act. 2. In assessment year 2010-11 there is a delay of 19 days in filing the appeal before this Tribunal for which the assessee has filed application for condonation of delay. The ld. Counsel reiterated the contents of the application. The ld. DR contended that delay may not be condoned. On consideration of the reasons contained in the application and the arguments and other circumstances narrated before us, we are of the considered opinion that delay of 19 days deserves to be condoned. Accordingly, delay is condoned. 3. At the time of hearing, the ld. Counsel for the assessee Shri Dharmesh Shah did not press ground nos. 1 to 3 5 in the grounds of appeal to wh .....

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..... fresh adjudication with a direction to grant a reasonable opportunity of being heard on the issue and thus was allowed for statistical purposes. Following the reasoning contained in the aforesaid orders, being identical facts/issue before us, we remand this issue to the file of the ld. CIT(A) for fresh adjudication. Needles to mention here that due opportunity of being heard be provided to the assessee with further liberty to furnish evidence, if any, in support of its claim. Thus, this ground of the assessee is also allowed for statistical purposes only. 6. So far as, charging of interest u/s 234A, 234B and 234C is concerned the ld. Counsel for the assessee contended that it may be sent to the file of the ld. Assessing officer. However, .....

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