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TMI Blog2019 (7) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... that the issue of charging of interest u/s 234A, 234B, 234C 220(2) has already been delved into by the co-ordinate bench wherein the revenue authorities have been directed to follow the order passed in the case of Late Harshad S. Mehta and charged interest accordingly. As held that interest u/s 220(2) was to be charged from the date of default of fresh demand notice issued after the fresh assessment made in consequent of the orders of the appellate authorities. Similarly, the issue of charging of interest u/s 234A, 234B 234C has also been dealt with by the coordinate bench, in other paras. Since a view has already been taken by the coordinate bench in the matter, refraining from delving into the issues any further, we direct Ld. AO t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he circumstances of the case and in law, the Ld.CIT(A) erred in holding that interest u/s 220(2) is to be computed from the date of fresh assessment order without appreciating the fact that the issues of addition made in original assessment order and fresh assessment order are same, hence, assessee was in default from the date of original assessment order and no new material evidence has been furnished by assessee in fresh assessment proceedings so as to challenge its default. 4. On the facts and in the circumstances of the case and in law, the Ld.CIT(A) erred in holding that for interest u/s 220(2) the date of fresh assessment order is to be considered, however, for interest u/s 234A 234B, the fresh assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s per assessee s submissions, the interest was to be charged after expiry of 35 days from the issue of fresh assessment order passed pursuant to the directions of the Tribunal in set aside proceedings and not from the date of issue of original assessment order dated 27/03/1995. The computations make a difference of ₹ 1536 Crores. However, Ld. AO disregarded the same since it was not a mistake apparent from record and therefore, could not be a subject matter of rectification u/s 154. Without prejudice, the submissions were rejected by Ld. AO relying upon CBDT circular No. 334 dated 03/04/1982 and drawing analogy from Section 240 of the Act. 3.3 The second issue pertains to chargeability of interest under Sec. 234A, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferment of advance tax payment on the basis of assessed income. Therefore, Ld. AO concluded that interest u/s 234C was to be charged accordingly after due verification. 4.1 Aggrieved, the assessee contested the stand of Ld. AO, by way of elaborate submissions, before Ld. first appellate authority, which has already been reproduced in the impugned order and therefore, not repeated here for the sake of brevity and to avoid duplication. The Ld. first appellate authority, relying upon certain binding judicial pronouncements and also relying upon the order of its predecessor in assessee s own case for same AY, directed Ld. AO to recompute interest u/s 220(2) from the due date as per the fresh assessment order and not from the du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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