2022 (9) TMI 245

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.... opposed to the facts of the case and law applicable to it. 2. The learned Commissioner of Income Tax (Appeals) erred in dismissing the grounds on levy of interest U/s.234D of the act of Rs.87,89,415/- for the alleged reason that. the interest was levied in the order U/s.143(3) r.w.s. 147 of the act. dated 28.06.2019 and not in the order U/s.154 of the act, dated 26.11.2021 which was the subject matter of the appeal. 3. The learned Commissioner of Income Tax (Appeals) erred in ignoring the fact that, the order U/s.154 of the act is consequent to a notice issued U/s.154 of the act dated 19.07.2021 and in the reply to the said notice the issue of levy of interest U/s.234D of the act was taken up and hence it could not have b....

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....e been applied to the said year. 8. The learned Commissioner of Income Tax (Appeals) erred in relying on the ratios laid down by Delhi High Court in the case of Orchid Infrastructure Developers (P) Ltd V. Union of India (2019) 102 Taxmann.com 289 (Delhi) and the High Court of Gujarat in the case of Devdip Malls Developers (P) Ltd V. Secretary (2017) 85 Taxmann.corn 47 (Gujarat) to hold that, the provisions of section 234B(3) of the act should be applied retrospectively ignoring the fact that. the said decisions are in the context of the provisions of section 234B(2A) of the act and not the provisions of section 234B(3) of the act. PRAYER The appellant prays that the Hon'ble Tribunal to kindly delete (....

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....er the provisions of section 14A of the act. The Assessing Officer without considering the objection filed has passed an order U/s.154 of the act stating that, "however, the assessee chose not to file any objection on or before the specified date. In view of the above, it is presumed that the assessee has no objection to the said proposal". Accordingly the order U/s.143(3) r.w.s 153D dated 28.06.2019 was rectified. 2.5 Against the order u/s. 154, the assessee filed an appeal before the CIT(A), on 25.12.2021 the CIT(A) vide his order dated 21.06.2022 dismissed the appeal filed by the assessee. Against the CIT(A)'s order, the assessee is before this Tribunal against the quantum of interest levied U/s.234B(3) and also deletion U/s.234....