2022 (8) TMI 801

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.... in any one year shall be applicable to the other years also. The grounds taken by the assessee for AY 2010-11 read as under: 1. CIT (APPEAL) failed to appreciate the fact that order under section 154 could be issued only when there is a mistake apparent in the record. 2. CIT (APPEAL) failed to notice that there is no intention of the authority to levy the interest under section 234A of the Act. 3. CIT(APPEAL) failed to appreciate the fact, that was settled in the case of CIT Vs Ranchi Club Limited (247 ITR209(SC)),that in the absence of specific direction to levy of 234A interest, interest cannot be levied. 4. The appellant craves leave to alter, modify, add any additional grounds of appeal during the course of the proceedings. ....

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....e reasons this rectification for levy of interest u/s 234A of the IT Act 1961, is done." 3.2 The assessee relied upon the decision of Hon'ble High Court of Patna in the case of CIT vs. Ranchi Club Ltd., [2001; 247 ITR 209 (SC) and pleaded that in the absence of specific directions in the order about levy of interest u/s 234A, interest could not be levied. 3.3 However, the Ld. CIT(A) distinguished the case law and held the issue against the assessee as under: 4.2. The Hon'ble Patna High court, in the case of Ranchi Club vs CIT (1996) 217 ITR 72 (Patna) was dealing with the assessment order for AY 1991-92 relating to levy of Interest u/s 234A of the Act. In that case, the best judgment assessment was completed u/s 144 of the Act afte....

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....lowable credit. The Assessing Officer was therefore well within four corners of law to charge interest u/s 234A of the Act. As, due to oversight, the interest was not charged in the tax computation of order passed u/s 143(3) rws 147 dated 31.03.2016, rectification notice was issued intimating the assessee that interest u/s 234A is required to be levied. After giving due opportunity, the order u/s 154 of the Act was finally passed on 18.07.2018 wherein interest u/s 234A was levied at Rs.1,23,944/-. Admittedly, the assessee has not disputed the quantum of interest charged. The assessee has disputed the chargeability of the interest u/s 234A of the Act. In view of the above discussions, in my considered opinion under the fact of the case, inte....