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TMI Blog2018 (5) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... supposed to file the details by 06. 11. 2009 and it filed the requisite details on the last day of the month. In our opinion, delay for the period of 03. 10. 2009 to 30. 10. 2009 was not at all attributable to it. We find that in alternate ground the assessee has admitted that maximum delay attributable to it was of 23 days only and not of the entire period. Therefore, reversing the order of the FAA, we partly allow the ground raised by the assessee. We hold that except for the delay of 23 days there was no delay on part of the assessee. - I. T. A. /2239/Mum/2013 - - - Dated:- 11-5-2018 - S/Shri Rajendra, Accountant Member and Sandeep Gosain, Judicial Member Revenue by : Shri R. P. Meena -CIT-DR Assessee by : Shri S. E. Dastur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his regard. 24. We have heard the rival submissions. Similar issue was considered by the ITAT Ahmedabad Bench in the case of Paston Transformer Ltd. Vs. DCIT (2006) 6 SOT 673 (Ahd), wherein it was held as follows :- The controversy under consideration related to interpretation of Explanation to sub-section (1) of section 140A, which provides that where the assessee pays only part of the amount due at the time of filing the return such payment shall first be adjusted towards interest payable, and balance if any, shall be adjusted towards the tax payable. Now, the crux of the matter is whether this adjustment is to be made at the time of making adhoc payment or at the time of filing the return of income. The revenue was of the vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 234B(2). This subsection (2) of section 234B provides the calculation of interest where tax is paid by the assessee under section 140A or otherwise before the date of determination of total income u/s. 143(l)/completion of regular assessment. The interest would be calculated as per general calculation provided in section 234B(1). The important thing provided is that simple interest under section 234B(1) is to be calculated at the prescribed date. The difference in calculation of interest in section 234B(1) and in section 234B(2) is that in section 234B(2) the simple interest is to be calculated up to the date on which the tax is so paid. In accordance with section 140A, an assessee is required to pay tax under section 140 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alance amount which is assessed to tax minus advance tax and adhoc payment. Therefore the approach of the revenue for calculation of interest under section 234B was not correct. Hence, the Assessing Officer was directed to calculate interest under section 234B as foresaid. 24. Respectfully following-the ratio laid down in the aforesaid decision, we direct the Assessing Officer to calculate interest u/s. 234B in the manner laid down in the aforesaid decision. Ground No. 4. 2 is allowed. 2. 1. While giving effect to the order of the Tribunal, the AO treated the payments of ₹ 26 crores and ₹ 1. 99 crores as Self Assessment Tax (SAT) u/s. 140A of the Act and accordingly calculated interest chargeable u/s. 234B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Representative (AR) stated that the assessee had used the challans called SAT-challans, that at that point of time no challans were available for ad hoc payments, that the payment made by the assessee should be taken towards tax and not against interests as done by the AO, that provisions of section 234B (ii) were not properly analysed and applied. He referred to the income tax computation of 19/01/2001 and relied upon the case of Tulsyan NEC Ltd. (330 ITR 226) and stated case relied upon by the F AA was not applicable to the facts of the case under consideration, that FAA had wrongly upheld the order of AO. 4. 1. The Departmental Representative (DR) stated that there was no provision of ad hoc payments as per Act, that payment was mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to not to follow the directions of the Tribunal. Whether the payment under the head ad hoc payment could be considered or not was not to be decided by the AO. But, he as well as the FAA has not followed the directions of the Tribunal in that regard. 7. We would also like to deal with the cases relied upon by the DR. In the case of Bhagat construction company Ltd. , the issue of nature of ad hoc tax has not been discussed at all. It lays down certain rules about section 234B, but does not deal with the issue before us. In the matter of Roshanlal S Jain( supra), the provisions of section 234B(2)(i) have not been deliberated upon. In short, the cases relied upon by the DR are of no help. 8. Considering the above, we hold that the AO had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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