Assessment order lacking express interest direction under ss. 234A/234B: implied levy rejected; interest deletion upheld, appeal dismissed. Where the assessment order contained no direction to levy interest under ss. 234A and 234B of the Income-tax Act, such interest could not be sustained ...
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Assessment order lacking express interest direction under ss. 234A/234B: implied levy rejected; interest deletion upheld, appeal dismissed.
Where the assessment order contained no direction to levy interest under ss. 234A and 234B of the Income-tax Act, such interest could not be sustained merely on the basis of consequential or implied levy. Applying binding precedent that interest liability must flow from an express direction in the assessment order, the HC held that the Tribunal's deletion of interest involved no legal infirmity and raised no substantial question of law. The revenue's appeal was dismissed.
The High Court of Delhi dismissed the Revenue's appeal challenging the deletion of interest charged under sections 234A and 234B of the Income-tax Act, 1961 by the Income-tax Appellate Tribunal. The Tribunal's decision was based on Supreme Court rulings affirming that interest can only be charged if there is a specific direction in the assessment order. No substantial question of law arose from the Tribunal's order.
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