TaxTMI 
TaxTMI 
2017 (9) TMI 1235
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....tion 245D of the Act in Chapter 20A of the Income Tax Act, 1961. 2. In the present case, the order was passed by the Settlement Commission on 11.03.2008 for the block of the Assessment Years 1989-1990 to 1996- 1997. While appeal effect orders was passed by the Assessing Authority on 11.04.2008 vide Annexure 'B' series, he has charged interest under Section 234B of the Act apparently beyond the date of the order passed by the Settlement Commission on 11.03.2008. 3. Learned counsel for the petitioner relied upon the Judgment of the Constitution Bench of the Supreme Court in the case of BRIJ LAL & ORS. Vs COMMISSIONER OF INCOME TAX decided on 21.10.2010 reported in (2010) 235 CTR 0417= (2010) 328 ITR 0477 in which the Hon'ble Supreme Court i....
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....45D(6A) in Chapter XIX-A operate in different fields. When one reads the provisions of sections 245C and 245D one has to keep in mind the concept of self-assessment, assessment, regular assessment and computation of total income which have been engrafted in Chapter XIX-A which deals with settlement of cases. The special procedure under sections 245C and 245D in Chapter XIX-A shows that the special type of computation of total income is engrafted in the said provisions, which is nothing but assessment which takes place at the section 245D(1) stage. However, in that computation one finds that provisions dealing with regular assessment, self-assessment and levy and computation of interest for default in payment of advance tax, etc., are engra....
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....these assessment years on 11.04.2008, the Constitution Bench decision in the case of Brij Lal (supra) was not available and therefore, the appellate orders passed by the Appellate Authority in terms of the earlier decision of the Hon'ble Supreme Court in CIT vs Hindustan Bulk Carriers was justified and can be sustained. 5. On the contrary, learned counsel for the petitioner/assessee submits that the impugned orders cannot be sustained in view of the law declared by the Constitution Bench of the Hon'ble Supreme Court of India in Brij Lal's case in which it is clearly held that the interest under Section 234B of the Act cannot go beyond the stage of S.245D(I) before the Settlement Commission. 6. Having heard the learned counsel for the part....