TaxTMI 
TaxTMI 
2017 (9) TMI 1402
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....07.2014 passed by the ld. CIT (A), the same are being disposed off by way of consolidated order to avoid repetition of discussion. 2. Appellant, Shri Gautam R. Chadha (hereinafter referred to as 'the assessee'), by filing the present appeal sought to set aside the impugned order dated 15.07.2014 passed by the Commissioner of Income-tax (Appeals)-XXVI, New Delhi, for the Assessment Years 2003-04, 2005-06 & 2007-08 on the grounds inter alia that :- ITA NO.5448/DEL/2014 (AY 2003-04) "1. That the authorities below erred in facts & in law in charging interest u/s 234B of the Income Tax Act 1961 (amounting to Rs. 2,47,926/-), 234D (amounting to Rs.,633 & 4,50,260) & 220(2)(amounting to Rs. 57,118) total amounting to Rs. 9,23,....
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....e calculation of tax and interest payable as computed by the AO is arbitrary, illegal, unjust and without prejudice excessive." ITA NO.5453/DEL/2014 (AY 2007-08) "1. That the authorities below erred in fact and in law in not allowing relief on account of charging interest amount to Rs. 34,40,848/- u/s 234B & 234D of the Income Tax Act 1961. The entire calculation of tax and interest payable as computed by the AO is arbitrary, illegal, unjust and without prejudice excessive." ITA NO.5455/DEL/2014 (AY 2007-08) "1. That the authorities below erred in facts & in law in charging interest u/s 220(2) of the Income Tax Act 1961 and no opportunity of being heard was given before rejecting the Appellants petition. ....
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....after ascertain the actual outgoing is determined as under :- 25% of advance booking (25% of Rs. 1,44,76,873/-) Rs.36,19,218/- Less : commission payable/paid to travel agents @ 10% (10% of Rs. 1,44,76,873/-) Rs.14,47,687 Income accrued to assessee Rs.21,71,531/- 5. In view of the above facts, the assessed income of assessee is computed as under :- I. Assessed Income as per order of the CIT (A) : Assessed Income u/s 143(3) Rs.2,48,09,680/- Less : (i) relief on a/c of advances received (75% of 14476873 + 10% of 25% of 14476873) Rs.1,12,19,575/- (ii) Relief on a/c of payment u/s 40A(2)(b) Rs.4,32,000/- (iii) relief on a/c of expenses related to Interzi....
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....d appeals. 6. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 7. Undisputedly, appeal effect has been given by the AO by computing the income of the assessee qua Assessment Years 2003- 04, 2005-06 & 2007-08 when assessment completed by the AO has been upheld by the Hon'ble High Court. It is also not in dispute that the AO has passed the appeal effect order u/s 260A/ 143 (3) of the Act after the assessment order passed by the AO has been finally upheld by the Hon'ble High Court. 8. In the light of the aforesaid facts and circumstances of the case, the first ....
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....es, the calculation of the interest made by the AO is not in accordance with law. 11. The ld. AR for the assessee contended that since the Special Leave Petition filed by the assessee has been admitted by Hon'ble Supreme Court, this issue cannot be decided. However, when the ld. AR for the assessee is confronted with the fact that only interest has been calculated on the quantum of income on the basis of facts which have not been disputed in quantum proceedings rather question of law has been challenged the ld. AR has failed to reply otherwise. Even otherwise, in case the assessee gets any favourable order from the Hon'ble Apex Court, the interest charged shall be refunded in accordance with law and the appeals cannot be kept pending. ....