9911796707
TMI Blog2022 (9) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... ed U/s.234D of the act and also disallowance under the provisions of section 14A of the act. The Assessing Officer without considering the objection filed has passed an order U/s.154 of the act stating that, however, the assessee chose not to file any objection on or before the specified date. In view of the above, it is presumed that the assessee has no objection to the said proposal. Accordingly the order u/s.143(3) r.w.s 153D was rectified. AR at the outset submitted that the original quantum addition made by the Ld.AO u/s. 143(3) order is pending before the Ld.CIT(A). As submitted that in the meanwhile by way of the 154 order, the Ld.AO has enhanced the addition. He prayed that this appeal may also be remanded to the Ld.CIT(A) to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t dated 19.07.2021 and in the reply to the said notice the issue of levy of interest U/s.234D of the act was taken up and hence it could not have been held that, the issue did not emanate from the order U/s.154 of the act. 4. The learned Commissioner of Income Tax (Appeals) erred in dismissing the grounds on the issue of levy of interest U/s.234D of the act on technical reasons ignoring the fact that, under law no such interest could have been levied in the case of the appellant and hence on the merits of the position of law the relief should have been allowed. 5. The learned Commissioner of Income Tax (Appeals) erred in ignoring the position of law that. once an order U/s.154 of the act was passed on 29.07.2021 it takes the place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 234B(3) of the act. PRAYER The appellant prays that the Hon'ble Tribunal to kindly delete (i) The interest levied U/s.234D of the act of Rs.87,89,415/- (ii) The interest excess levied U/s.234B of the act of Rs.2,22,22,178/- 2. Brief facts of the case are as under: 2.1 The assessee filed a return of income for the A.Y.2011-12 on 27.09.2011 declaring Nil income. An order U/s.143(3) of the act was passed on 18.03.2014 accepting the returned income. Subsequently a notice U/s.148 of the act, was issued on 29.03.2018. An order U/s.143(3) r.w.s 147 was passed on 28.06.2019, wherein an addition of Rs.16,05,86,054/- was made under the provisions of section 14A of the act r.w. Rules 8D of the Rules. Considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee is before this Tribunal against the quantum of interest levied U/s.234B(3) and also deletion U/s.234D of the act. The Ld.AR at the outset submitted that the original quantum addition made by the Ld.AO u/s. 143(3) order is pending before the Ld.CIT(A). He submitted that in the meanwhile by way of the 154 order, the Ld.AO has enhanced the addition. He prayed that this appeal may also be remanded to the Ld.CIT(A) to be considered together. The Ld.DR did not object for the issue to be remanded to the Ld.CIT(A). Accordingly, we remand this issue back to the Ld.CIT(A). It is directed that the Ld.CIT(A) is directed to consider the claim raised by assessee in this appeal along with the quantum appeal which is said to be pendin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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