AI Drafter 
TaxTMI 
TaxTMI 
TaxTMI 
2017 (9) TMI 1788
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....: 383 days (b) Aatur Holding Pvt. Ltd. : 391 days (c) Harsh Estates Pvt. Ltd. : 391 days (d) Eminent Holdings Pvt. Ltd. : 760 days All these assessees have filed an application requesting the bench to condone the days on the ground that there was delay in releasing funds for remitting appeal fees by the custodian. It is submitted that the assessee took the initiative to address letters and reminders to the custodian for release of funds for remitting appeal fees in connection with filing the present appeals. The assessee has furnished a chart explaining chronology of events that has taken place in this regard in all the cases. For the sake of convenience, I extract below the chronology of events narrated in the case of Orion Travels Pvt. Ltd. :- Identical charts have been filed by other three assessees also. 3. Learned AR submitted that for AY 2004-05 and 2005-06 also, the delay had occurred on identical reasons in the case of Orion Travels Pvt. Ltd and the Tribunal, vide its order dated 16.4.2014 in ITA No. 4023 & 4024/Mum/2011, has condoned the delay accepting identical explanations of the assessee. He further submitted that the delay had al....
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....er section 115JB of the Act; and c) Computation of interest u/s 234A, 234B and 234C of the Act. Accordingly, the remaining grounds and also the additional ground urged by the assessee are dismissed as not pressed. 4. The issue relating to rejection of interest claim in AY 2004-05 to 2006- 07 and also the issues relating to interest listed as (a) and (b) above in AY 2008-09 to 2010-11 go together. The assessee is one of the notified entities coming under Harshad Mehta group against whom stock scam charges are pending. With regard to above said issue relating to rejection of interest claim, the ld. A.R submitted that these issues are being set aside by the Tribunal to the file of ld. CIT(A) for fresh adjudication in all other group cases belonging to Harshad Mehta. 5. The ld. Counsel submitted that the identical issues were also considered by the Tribunal, vide its order dated 22-4-2015, in the assessee's own case in ITA No.6829, 6840,6830 /Mum/2013 relating AY 2001-02 to 2003-04 and the issues were restored to the file of the Ld CIT(A). He submitted these issues may also be restored to the file of the Ld CIT(A) with similar directions. On a perusal of the ....
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....rections. Since the facts prevailing in the instant case is also identical in nature, after hearing both the parties, the above mentioned issues are restored to the file of the ld. CIT(A) with a similar directions given by the Tribunal in the case of M/s Growmore Leasing & Inv. Ltd (supra)." 8. Consistent with the view taken in the above said cases, I set aside the orders passed by Ld CIT(A) on this issue in all the appeals under consideration and restore the same to the file of Ld CIT(A) with similar directions given by the Tribunal in the case of M/s Growmore leasing & Invt. Ltd (supra). 9. The next common issue relates to charging of interest u/s 234A, 234B and 234C of the Act. Identical issue has been adjudicated by the division bench in the case of Fortune Holdings P Ltd (supra) and for the sake of convenience, I extract below the relevant observations made in that case:- "10. With regard to the second limb, the Ld A.R submitted that the interest u/s 234B and 234C of the Act should be computed, after deducting the tax deductible at source from the income of the assessee. In support of this contention, he invited our attention to the decision rendered by the Coor....
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....f the Act are applicable. As far as calculation part is concerned, we find merits in the submission made by the assessee. Therefore, we are restoring back the issue to the file of the AO for fresh adjudication who would decide the issue after considering the amount taxed deductible at source on the income assessed and after affording a reasonable opportunity of hearing to the assessee. Ground no. 5 is allowed in part in favour of the assessee. "8.1 In this view of the situation, after hearing both the parties the issue raised in Ground No.4 for all the three appeals is restored back to the file of AO for fresh adjudication in the manner as directed in the aforementioned case. We direct accordingly. This ground is allowed in part in favour of the assessee. By following the above said decisions of Tribunal, we set aside the matter of computation of interest u/s 234A, 234B and 234C to the file of the AO with similar directions. 9. Consistent with the view taken in the above said case, I set aside the matter of computation of interest u/s 234A, 234B and 234C of the Act to the file of the assessing officer with similar directions. 10. In the result, all the appea....
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....en stated that clarifications have been sought from the Custodian. 14. Letter filed by Shri Ashwin Mehta to the Hon'ble 03.05.2016 Special Court seeking clarifications with respect to the earlier orders passed by the Court since the directions were not being implemented. 15. Grievance letter filed by Shri Ashwin Mehta to 09.05.2016 Chief Manager, State Bank of Mysore for failure to expedite the matter of opening the bank account. 42 68-71 16. Letter filed by Shri Ashwin Mehta to the Hon'ble 05.07.2016 Special Court seeking clarifications with respect to the earlier orders passed by the Court since the directions were not being implemented. 72 17. Order of Hon'ble Special Court modifying the 07.07.2016- earlier order dated 29.01.2016 granting directions that a bank account be opened in the name of Shri Ashwin Mehta with State Bank of Mysore. 73-74 18. Grievance letter filed by Shri Ashwin Mehta to 21.07.2016 Chief Manager, State Bank of Mysore for opening the bank account pursuant to Order of Hon'ble Special Court dated 07.07.2016. 75-78 19. Letter issued by State Bank of Mysore intimating 30.07.2016 ....