2017 (1) TMI 43

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....ated 28.9.2015, for the assessment year 2008-09. 2. The only grievance in this appeal is that the ld CIT(A) is erred in deleting the interest charged u/s.234B of the Act of Rs. 15,972/- relying on the decision of Hon'ble Jurisdictional High Court in the case of Ajay Prakash Verma, T.A. No.38 of 2010 reported in 2013( (1) TMI 140. 3. I have heard the rival submissions and perused the materials av....

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....h Verma (supra), where it has been held that interest under section 234B can be charged only on the income declared in the return and not on assessed income. 5. The only submission of ld D.R. is that the revenue has not accepted the decision of Hon'ble Jurisdictional High Court in the case of Ajay Prakash verma (supra) and has filed SLP thereagainst before the Hon'ble Supreme Court. There....

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....ke in the order of the ld CIT(A) could be pointed out by ld D.R. It is admitted by ld D.R. that the SLP filed before the Hon'ble Supreme Court is still pending for disposal. Hence, as on date the decision of Hon'ble Jurisdictional High Court is valid and binding. I find that the Hon'ble Jharkhand High Court in the case of Ajay Prakash Verma (supra) held as under:- "23. Learned counse....

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....e this legal position. Therefore, so far as question of law involved in this appeal that whether the interest could have been levied against the assessed income of the assessee under section 234A & 234B is concerned, in view of the Full Bench judgment of Ranchi Bench of Patna High Court delivered in the case of Smt. Tej Kumari, the revenue can levy the interest only on the total income declared in....