2021 (4) TMI 337

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....evenue by : Shri Deepak Garg ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the Revenue against the order dated 26-09-2016 passed by the Commissioner of Income Tax (Appeals)-12, Pune ['CIT(A)'] for 2. The only issue is to be decided is as to whether the CIT(A) justified in deleting the interest levied u/s. 234B and 234C of the Act on the revised book profit in the facts and circu....

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....CIT(A) and addition made on account of club expenses were deleted and interest levied u/s. 234B and 234C of the Act was confirmed. As aggrieved, the assessee challenged the same before the Tribunal. As it emanates from both the orders below in para 4 of the AO and para 11 of the CIT(A) that this Tribunal granting relief in favour of the assessee regarding the interest levied u/s. 234B and 234C of ....

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....5 passed u/s. 153A r.w.s. 143(3) of the Act. 5. As aggrieved by the order passed u/s. 153A/143(3) of the Act, the assessee challenged the said assessment order before the CIT(A) and contended that this Tribunal granted relief in respect of levy of interest u/s. 234B and 234C of the Act and the interest so levied by the AO in the assessment order passed u/s. 153A r.w.s. 143(3) of the Act is bad ....

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....that the AO ought not to have levied interest u/s. 234B and 234C of the Act as the same issue was decided by this Tribunal in the original assessment proceedings u/s. 143(3) of the Act in favour of the assessee. The Revenue challenged the same before the Hon'ble High Court of Bombay and there was no contrary order either by reversing or modifying the order of this Tribunal. He submits that the CIT....