2006 (3) TMI 551
X X X X Extracts X X X X
X X X X Extracts X X X X
.... computation of interest under section 234A of the I.T. Act and reject other grounds of the assessee raised on merit as no argument was advanced on behalf of the assessee in this regard. We, accordingly, dismiss the other grounds raised in these appeals and confirm the order of the CIT(A) on merit finding no infirmity therein. 3. We have heard the rival submissions on the issue of charging of interest under section 234A of the I.T. Act (hereinafter called as an 'Act'). The main dispute is with regard to the period for which interest under section 234A is to be charged. Whether it starts from the due date of filing of the return under section 139 of the I.T. Act or from the date of notice issued under section 148 of the I.T. Act ? 4. The l....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e I.T. Act and the Assessing Officer was constrained to frame the ex parte assessment under section 144 read with section 147 of the I.T. Act for all the assessment years. The learned DR further contended that before the CIT(A) also, the assessee did not raise this argument and the CIT(A) confirmed the interest charged under section 234A of the I.T. Act. The learned DR further submitted that charging of interest under section 234A is a mandatory and no discretion can be exercised to relax the provision of charging of interest on delay in filing the return of income. The learned DR further invited our attention to the Explanation 3 to section 234A with the submissions that wherein assessment is made for the first time under section 147 of th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....er the expiry of period prescribed under section 139(4) it was impossible for him to file the return of income, as the law does not prevent the assessee from filing the return of income, though a different treatment may be given to return of income by the revenue authorities. The assessee intentionally did not file the return of income not only before the due date, but, also after the service of notices under section 148 of the I.T. Act. Even during the course of hearing of this appeal, the assessee could not explain satisfactorily as to why he did not respond to the notices issued by the Assessing Officer under section 148 or 142(1) of the I.T. Act. On account of non-cooperative attitude of the assessee with the department, he deserves no ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....us year consisted only of income chargeable under the head "Salaries" or of income chargeable under that head and also income of the nature referred to in any one or more of clauses (i) to (ix) of sub-section (1) of section 80L and the following conditions are fulfilled, namely : (a )where he or such other person was employed during the previous year by a company, he or such other person was at no time during the previous year a director of the company or a beneficial owner of shares in the company (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) carrying not less than twenty per cent of the voting power; (b)his income or the income of such other person under the head "Salar....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mode of computation of charging of interest is given under section 234A sub-section (1), according to which, where the return of income for any assessment year under sub-section (1) or sub-section (4) of section 139 or in response to 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 and one-fourth per cent for every month or part of month comprising 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 ....