2013 (10) TMI 979

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..... 2.1. Ground no. 3 relate to the action of the Ld.CIT(A) in confirming respectively the liability amounting to Rs.50,24,552/- towards interest expenditure claimed by the assessee and the calculation of book profit amounting to Rs.1,15,76,796/- for the AYs 2007-08. It is pertinent to mention that the ITAT in the assessee's group of cases in Hitesh Mehta - ITA Nos. 7726 & 7727/Mum/2010 while deciding a similar issue has held as follows: "Ground no. 4 relates to the action of the Ld.CIT(A) in confirming the liabilities amounting to Rs.11,24,99,052/- and Rs.12,61,36,245/- respectively for the A.Ys 2005-06 and 2006-07 towards interest expenditure claimed by the assessee. It is pertinent to note that the findings given in para 3.3 above in....

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....und, the adjudication of which reads as under: "4. The assessee has also filed an application dated 27.05.2010 for admitting the following ground:- "1. The Ld.CIT(A) ought to have appreciated that as per the decision of Hon'ble Special Court dated 30.04.2010 in M.P. No. 41 of 1999, the assets under consideration and the consequential income belongs to Shri Harshad S. Mehta and hence, the income assessed by the Assessing Officer ought to have been taxed in the hands of Shri Harshad S. Mehta and not in the hands of the appellant." 5. After going through the addition ground filed by the assessee, we noted that the ground is legal ground, which does not require any new facts to be brought on record. In view of the decision of the Hon'b....

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.... the decision of the Ld.CIT(A) deleting the interest charged u/s 234A, 234B & 234C of the Income Tax Act. As regards this issue, it is pertinent to mention that the ITAT in ITA No. 7498 & 7732/M/2010, a group case for AYs. 2005-06 & 2006-07 has set aside the ground as premature and a similar view has been taken by the ITAT for the other years following the said order. 4.1 However, the ITAT in ITA No. 6810/Mum/2008 in M/s. Velvet Holdings Pvt. Ltd, a group case, while deciding a similar issue, has held as follows: "In other group cases, the ITAT held that interest u/s. 234B, 234C and 234D cannot be levied as the assessee is a notified person and the provisions of the Special Court (Trial of offences relating to transactions in Securiti....

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....he notified person to seek a waiver or reduction by making an application to the chief commissioner of Income tax in terms of the order dated 26 June 2006 of the Central Board of Direct Taxes. The appeal is accordingly disposed of." 12.2 The ld. Counsel pointed out that the matter is referred to the same bench for reconsideration in the case of CIT vs. Cascade Holdings Pvt. Ltd. in ITA No.3365 of 2010 dated 02/07/2013. As seen from the copy of the order placed on record, the above order was not stayed. Only the appeal was transferred to the same Bench for hearing. In these circumstances, we do not see any reason to differ from the judgment of the Hon'ble High Court in the case of CIT vs. Divine Holdings Pvt. Ltd. Accordingly, it was held....