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TMI Blog2005 (3) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... tice. It does not cause any prejudice to either party. We refrain from going into the merits of the case and while remanding the case to the Tribunal, allow the appeal, and set aside the impugned order. The Tribunal is directed to decide the appeal on the merits - - - - - Dated:- 21-3-2005 - Judge(s) : A. M. SAPRE., ASHOK KUMAR TIWARI. JUDGMENT The judgment of the court was delivered by A.M. Sapre J.-This is an appeal filed by the Revenue (Commissioner of Income-tax) under section 260A of the Income-tax Act against an order dated September 7, 2001, passed by the Income-tax Appellate Tribunal (hereinafter referred to as the Tribunal) in I.T.A. No. 734/Ind/1995. This appeal was admitted for hearing on the following substantial ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34A and placing reliance on Explanation 4 to section 234A held that interest is leviable on the tax on the total income "as declared in the return" and not on the total income as determined. What we notice is that the Patna High Court did not consider, much less in detail, the scope, ambit and extent of section 234B which is the subject-matter of this appeal. With respect, therefore, we are of the opinion that the Tribunal ought not to have decided the issue involved in this case solely relying upon the decision of the Patna High Court rendered in the case of Ranchi Club [1996] 217 ITR 72 but should have decided the issue keeping in view the requirement of section 234B. Section 234A deals with the cases where interest is chargeable fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we do not find that this exercise has been done by the Tribunal while deciding the issue sought to be raised by the parties in this appeal. We cannot countenance such casual approach in deciding the issue. It cannot be said to be legal. It is incapable of being upheld in appeal on the merits even. Nor can this court take up the issue de novo for deciding in the light of what the Tribunal has done. This court is possessed of power to remand the case. In other words, power to remand is available to this court while hearing the appeal under section 260A of the Act. We intend to exercise this power in the interest of justice. It does not cause any prejudice to either party. In view of the aforesaid discussion, we refrain from going into t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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