2017 (3) TMI 1577

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.... Respondent : Dr.P.Daniel ORDER PER RAJESH KUMAR, A. M: Appeal by the assessee is directed against the order dated 4.3.2015 passed by the ld.CIT(A)-52, Mumbai for the assessment years 2009-10 wherein the assessee has raised the issue of charging of interest u/s 234A, 234B and 234C confirmed by the ld.CIT(A) as charged by the AO which should have been calculated after taking in account of ....

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....find that the issue in hand has been decided by the Co-ordinate Bench of the Tribunal vide para 6 and 6.1 in favour of the assessee. For the sake of convenience, we reproduce the above referred paras as under : "6. The only other issue in this appeal is with regard to the chargeability of interest under section 234A, 234B & 234C of the Act. On this aspect, pleas of the assessee are two fold. Fi....

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....B & 234C of the Act which is to the effect that the interest should be charged after considering the amount of tax deductible at source on the income assessed. Similar plea of the assessee was upheld by our Co-ordinate Bench in the case of Eminent Holdings Pvt. Ltd. (supra). Following the same, we deem it fit and proper to restore the matter back to the file of AO who shall recompute the interest ....