2001 (1) TMI 212

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..... sst. yr. 1996-97. The only ground of appeal taken up by the Department is that the CIT(A) has deleted the interest charged under ss. 234A and 234B. Accordingly to the Department, the provisions of ss. 234A, 234B and 234C were introduced w.e.f. 1st April, 1989, which requires an assessee to mandatorily compute the interest chargeable under the said sections and to make payment of the same under s. .....

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..... nterest can be charged only on the returned income and not on the assessed income. In the case of Uday Mistanna Bhandar & Complex vs. CIT (1997) 137 CTR (Pat) 376 : (1996) 222 ITR 44 (Pat): TC S43.3764, the Patna High Court held that if there is no order in the assessment order levying interest under any of the ss. 234A, 234B and 234C, interest cannot be levied through notice of demand. The case o .....

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