2020 (11) TMI 340

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....ive grounds raised by the revenue read as under: - a. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in law in restricting the meaning of regular assessment without appreciating the fact that assessment order dated 17.12.2007 was passed u/s 143(3) rws 254 of the Act is also regular assessment. b. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in holding that interest u/s 234A & 234B is to be computed till the date of original assessment and not till the date of fresh assessment without appreciating that provisions of section 234-A & 234B provides interest computation till the date of regular assessment u/s 143(3) under which the fresh assessment order ....

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.... of Sec.154, the assessee sought rectification of assessment order passed u/s 143(3) r.w.s. 254 on 17/12/2007. In this application, the assessee contested wrongful charging of interest u/s 234A & 234B. The assessee contended that the interest should be charged only up-to the date of original assessment only. The Ld. AO rejected the same on merits and also on the ground that there was no mistake apparent from record and more than 4 years had already lapsed since the passing of the said order u/s 143(3) r.w.s. 254 of the Act. In the rectification order, the Ld. AO further held that without prejudice to his view that the interest u/s 234A & 234B has to be charged up-to the due date as per the fresh assessment order, even if the view of the ass....

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....he order u/s 154 was held to be bad in law. Regarding interest u/s 234C, the action of Ld. AO in charging the same on the basis of assessed income was upheld. But the grounds raised were held to be infructuous since the order u/s 154 was held to be bad in law. Regarding charging of interest u/s 220(2), the without prejudice view of Ld. AO was held to be not justified and ground raised by the assessee was allowed on merits. However, the ground was also held to be infructuous since order u/s 154 was held to be bad in law. Aggrieved, the revenue is in further appeal before us. 5. Upon due consideration, we find that similar was the appeal of revenue for AY 1992-93 which was adjudicated by Tribunal vide its order dated 16/07/2019 as....