9911796707
TMI Blog2025 (3) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... filed u/s 139 thus assessee is liable for interest u/s 234A as provided in section 234A(1)(a) of the Act.
Since the AO vide rectification order has corrected the period of default in filing the return by the assessee from one month to eighty months which is in accordance with the provisions of section 234(1)(a) thus, there is no error in such order. Decided against assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... y Ld. Assessing Officer ('AOQ') u/s 154 r.w.s 147 r.w.s of 144 of the Income Tax, 1961 which is incorrect, bad in law and have been passed without considering the submission of the Assessee. 3. That the initiation of reassessment proceeding in the present case by way of issuance of notice w/s 148 of the Act without serving upon the notice, reasons to believe and the sanction of specified authority is void ab initio as it is bad in law and also without jurisdiction. 4. That the Ld. Assessing Officer has erred while issuing notice u/s 148 without recording reasons by independent application of mind, without creating the live link/nexus between the tangible material & formation of belief and merely initiated the proceeding on the basis of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re not born out from the impugned order passed u/s 154 of the Act. Further Ground of appeal No. 7 relates to the initiation of penalty proceedings u/s 271(1)(c) and Ground of appeal No. 8 relates to the charging of interest u/s 234A, 234B and 234C. Last ground is general in nature. However, no specific ground is taken against the increase in the amount of interest charged u/s 234A vide impugned order passed u/s 154 of the Act. 4. From the perusal of the order of ld. CIT(A), we observed that the ld. CIT(A) has considered this aspect in detail and decided the appeal of the assessee, relevant findings are as under: 6.1. Ground of Appeal No. 1: 6.1.1. This ground includes four sub grounds. All these grounds pertain to the addition made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion (1) or sub-section (4) or sub-section (8A) of section 139, or in response to a notice under sub-section (1) of section 142, is furnished after the due date, or is not furnished, the assessee shall be liable to pay simple interest at the rate of [one per cent.] [ Substituted by Act 54 of 2003, Section 12, for " one and one-fourth per cent." (w.r.e.f. 8.9.2003).] for every month or part of a month comprised in the period commencing on the date immediately following the due date, and,- (a) where the return is furnished after the due date, ending on the date of furnishing of the return; or (b) where no return has been furnished, ending on the date of completion of the assessment under section 144, [on the amount of the tax on the tota ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with Ld.AO through NMS/AIMS data, the appellant had purchased immovable property of Rs. 2,68,61,000/-. The appellant being an company was mandatorily required to file return of income, however the same was not filed for A.Y. 2011-12. Hence, notice was issued by the Ld.AO u/s. 148 to which the appellant filed return of income on 10.5.2018. Later on notices u/s. 143(2) and 142(1) were issued but no compliance was made. Hence, show cause notice dated 19.12.2018 was served on the appellant by affixture. This notice also remained uncomplied. In view of the fact that no submissions / documents /clarification etc was submitted by the appellant hence Ld.AO passed an order u/s. 144 rws 147 and made an addition of Rs. 2,68,61,000/- u/s. 69 of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the interest u/s 234A was already charged in the order passed u/s 143(3) of the Act. He, therefore, requested for deletion of excess interest charged u/s 234A through impugned order. On the other hand, the ld. Sr. DR supported the order of the lower authorities and submits that charging of interest u/s 234A is mandatory. As the assessee has not filed the return of income u/s 139 which was finally filed on 10.05.2018 thus as per section 234(1) interest is chargeable for the period starting from the due date of filing of return u/s 139(1) till the return of income finally filed by the assessee. He thus argued that the AO has correctly charged the interest u/s 234A and the rectification order so passed rectifying the amount of interest u/s 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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