9911796707
TMI Blog2017 (9) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... n of tax and interest as per ITNS 150 along with assessment order. So when there was specific order passed by the AO for charging the interest under the Act and the said order merges into the appeal order, there is no illegality or perversity in the findings returned by ld. CIT (A). The ld. AR for the assessee though raised ground in the alternative that without prejudice the calculation under various sections is neither correct nor as per spirit of law, but has failed to point out as to how and under what circumstances, the calculation of the interest made by the AO is not in accordance with law. As the assessee contended that since the Special Leave Petition filed by the assessee has been admitted by Hon’ble Supreme Court, this issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee against a single order dated 15.07.2014 passed by the ld. CIT (A), the same are being disposed off by way of consolidated order to avoid repetition of discussion. 2. Appellant, Shri Gautam R. Chadha (hereinafter referred to as the assessee ), by filing the present appeal sought to set aside the impugned order dated 15.07.2014 passed by the Commissioner of Income-tax (Appeals)-XXVI, New Delhi, for the Assessment Years 2003-04, 2005-06 2007-08 on the grounds inter alia that :- ITA NO.5448/DEL/2014 (AY 2003-04) 1. That the authorities below erred in facts in law in charging interest u/s 234B of the Income Tax Act 1961 (amounting to ₹ 2,47,926/-), 234D (amounting to Rs.,633 4,50,260) 220(2)(amounting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 19,63,109/- u/s 234B 234D of the Income Tax Act 1961. The entire calculation of tax and interest payable as computed by the AO is arbitrary, illegal, unjust and without prejudice excessive. ITA NO.5453/DEL/2014 (AY 2007-08) 1. That the authorities below erred in fact and in law in not allowing relief on account of charging interest amount to ₹ 34,40,848/- u/s 234B 234D of the Income Tax Act 1961. The entire calculation of tax and interest payable as computed by the AO is arbitrary, illegal, unjust and without prejudice excessive. ITA NO.5455/DEL/2014 (AY 2007-08) 1. That the authorities below erred in facts in law in charging interest u/s 220(2) of the Income Tax Act 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome as under :- Income accrued to the assessee @ 25% and credit 10% on advance booking after ascertain the actual outgoing is determined as under :- 25% of advance booking (25% of ₹ 1,44,76,873/-) Rs.36,19,218/- Less : commission payable/paid to travel agents @ 10% (10% of ₹ 1,44,76,873/-) Rs.14,47,687 Income accrued to assessee Rs.21,71,531/- 5. In view of the above facts, the assessed income of assessee is computed as under :- I. Assessed Income as per order of the CIT (A) : Assessed Income u/s 143(3) Rs.2,48,09,680/- Less : (i) relie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessed income as per order of the ITAT Rs.80,17,737/- Add : addition on a/c of advances received Rs.21,71,531/- Net Assessed Income Rs.1,01,89,268/- 6. Accordingly, the assessed income is determined at ₹ 1,01,89,268/-. Issue demand notice, ITNS necessary forms and allow credit of taxes paid. 5. Assessee carried the matter by way of filing appeals before the ld. CIT (A) who has dismissed the appeals. Feeling aggrieved, the assessee has come up before the Tribunal by way of challenging the impugned order passed by ld. CIT (A) by filing aforesaid appeals. 6. We have heard the ld. Authorized Representatives of the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st as per law and in accordance with ITNS 150 and he has specifically enclosed computation of tax and interest as per ITNS 150 along with assessment order . 10. So, in the given circumstances, we are of the considered view that when there was specific order passed by the AO for charging the interest under the Act and the said order merges into the appeal order, there is no illegality or perversity in the findings returned by ld. CIT (A). The ld. AR for the assessee though raised ground in the alternative that without prejudice the calculation under various sections is neither correct nor as per spirit of law, but has failed to point out as to how and under what circumstances, the calculation of the interest made by the AO is not in accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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