2016 (11) TMI 1253

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....d the said appeal preferred by the revenue confirming the order passed by the learned CIT(A) deleting interest under section 234(B) and under section 234(D) of the Income Tax Act, 1961 (hereinafter referred to as "the Act" for convenience) levied by the A.O. under section 154 of the Act, revenue has preferred the present Tax Appeal to consider the following substantial questions of law :- "Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT deleting the interest u/s 234(B) and 234(D) levied by the Assessing Officer u/s.154 of the Act?" 2.00. Facts leading to the present appeal in nutshell are as under :- 2.01. A.O. passed order under section 143(3) of the Act on 28/2/2001. Tha....

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....he A.O. under section 154 of the Act, assessee preferred appeal before the learned CIT(A) and the learned CIT(A) allowed the said appeal by deleting disallowance made under section 43B of the Act. 2.06. That thereafter the assessee filed rectification application dated 31/1/2005 against order dated 3/1/2005 passed by the A.O. under section 154 of the Act, contending inter-alia that there was apparent and glaring mistake in the order passed under section 154 dated 3/1/2005 in so far as interest charged under section 234B, and the same was incorrectly charged in view of earlier decision of the CIT(A) dated 28/11/2002 wherein interest originally charged under section 234(B) was directed to be deleted and also on the ground that interest cha....

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....learned CIT(A) dated 22/12/2005, revenue preferred appeal before the learned tribunal and by the impugned judgement and order the learned tribunal has dismissed the said appeal preferred by the revenue and has confirmed the order passed by the learned CIT(A) deleting interest charged under section 234(B) and under section 234(D) of the Act. 2.10. While confirming the deletion of interest charged under section 234(D) of the Act, the learned tribunal has also observed that when proceedings under section 154 of the Act was initiated, there was no reference to levy of interest under section 234(D) of the Act and therefore, without giving any opportunity to the assessee, interest could not have been charged under section 234(D). 2.11. Feel....