The Tax Publishers2019 TaxPub(DT) 1566 (Bang-Trib)

INCOME TAX ACT, 1961

Section 234A Section 234B

Charging of interest under sections 234A and 234B was consequential and mandatory and the AO had no discretion in the matter. AO was, however, directed to re-compute interest chargeable under sections 234A and 234B, if any, while giving effect to appellate order.

Interest under sections 234A and 234B - Chargeability - Whether mandatory or discretionery -

Assessee denied himself liable to be charged interest under sections 234A and 234B. Held: Charging of interest under sections 234A and 234B was consequential and mandatory and the AO had no discretion in the matter. AO was, however, directed to re-compute interest chargeable under sections 234A and 234B, if any, while giving effect to appellate order.

Relied:CIT v. Anjum MH Ghaswala & Ors. (2001) 252 ITR 1 (SC) : 2001 TaxPub(DT) 1637 (SC).

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2009-09


INCOME TAX ACT, 1961

Section 2(47)(v)

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