9911796707
TMI Blog2024 (3) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... terest which was never there in the earlier orders of the appellate authority. Therefore, we fail to understand how the AO can assume jurisdiction for introducing a new issue while giving appeal effect to the order of the appellate authority. AO processed the revised return on 31.03.2010 u/s 143(1) of the Act wherein he charged interest u/s 234B and 234C of the Act. This intimation was challenged before the ld. CIT(A) who set aside the order holding that after section 143(3) of the Act, section 143(1) cannot be done and the Revenue was not in appeal. Therefore, this order has attained finality. Subsequently, after search assessment u/s 153A of the Act was completed vide order dated 31.03.2015 which was rectified u/s 154 on 16.01.2017 and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representatives on the facts of A.Y 2007-08 with an understanding that since the facts are pari materia the same, the appeal for A.Y 2009-10 can be disposed off accordingly. 4. The grievances of the Revenue read as under: 1. Whether the CIT (A) was correct in holding that charging AO is incorrect as order u/s 154 is barred by limitation when it computation of tax and levy of interest u/s 234B/234C is connected with the computation of tax. 2. Whether the CIT (A) was correct in ignoring the decision case of Rolta India Ltd. Wherein it was held that computation of 234B/234C is mandatory and it has no bearing on the tax it is calculated under normal provision or under 115JB (under MAT). 3. Whether on the facts and in the circumstances of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts is that the assessee filed its return of income on 30.10.2007 declaring an income of Rs. 1,32,88,33,425/- u/s 115JB of Income-tax Act, 1961 [the Act, for short]. Return was revised on 09.03.2009 at an income of Rs. 1,27,96,45,721/- u/s 115JB of the Act. 7. On the date of filing of the return and revised return of income, law laid down by the Hon'ble Supreme Court in the case of Kwality Biscuits Limited 284 ITR 519 was prevailing wherein it was held by the Hon'ble Supreme Court that for income returned u/s 115J of the Act, no interest is chargeable u/s 234B and 234C of the Act. 8. Return was assessed u/s 143(3) of the Act on 23.12.2009 at an assessed book profit of Rs. 1,27,96,45,720/- and since the law as it was prevailing at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herein he charged interest u/s 234B and 234C of the Act. This intimation was challenged before the ld. CIT(A) who set aside the order holding that after section 143(3) of the Act, section 143(1) cannot be done and the Revenue was not in appeal. Therefore, this order has attained finality. 13. Subsequently, after search assessment u/s 153A of the Act was completed vide order dated 31.03.2015 which was rectified u/s 154 on 16.01.2017 and income was assessed u/s 115JB of the Act at Rs. 1,7,96,45,720/-. In this rectification also, no interest was charged u/s 234B and 234C of the Act. 14. Appeal against the order u/s 153A of the Act on account of additions made in normal income was deleted by the ld. CIT(A) vide appellate order dated 31.03.2017. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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