2011 (4) TMI 106

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....ears for the respondent-assessee.   In this Income Tax Appeal, the following question of law has been raised:-   "Whether the Hon'ble Tribunal is correct in law in setting aside the impugned order of the learned CIT (Appeals) on the issue of charging of interest under Sections 234B and 234C of the IT Act, 1961 and in restoring the matter to the file of the Assessing Officer for aff....

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....on 234B and 234C, it was submitted by learned counsel for assessee, that the provision was made by the assessee company in its books of account for bonus payable to the employees and the said amount was deductible on payment thereof to the employees on or before 30th November, 1996, being the due date for filing of the Income-tax return. The assessee could not have anticipated that the said amount....

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....oviding such opportunity to the assessee. The learned D.R. has not raised any objection to such request of the learned counsel for the assessee being acceded to by the Tribunal. We, therefore, set aside the impugned order of the Ld. CIT (A) on this issue and restore the matter to the file of the Assessing Officer for proper adjudication in accordance with law after affording an opportunity to the ....

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.... the Ghaswala's case arose out of the proceedings of the settlement commission, and that the effect of the Ghaswala's case has been diluted by the Supreme Court in Brij Lal's case.   We do not find that the Tribunal has decided the question of interest, either way. The question has been left open. The representative of the department has not raised any objection to the request of restorati....