2023 (4) TMI 112

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....the Respondent : Sri ON Hari Prasada Rao, Sr. AR ORDER PER S. BALAKRISHNAN, ACCOUNTANT MEMBER : This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Ld. CIT(A)-NFAC] in DIN & Order No. ITBA/NFAC/S/250/2022- 23/1044260444(1), dated 29/07/2022 arising out of the order passed U/s. 143(3) of the Income Tax Ac....

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....geable in the case of the assessee as the purchase of the property ought to have deducted the tax payable on the capital gain arising on transfer of the property. The CPC did not agree with the contention of the assessee and charged interest U/s. 234B and 234C of the Act amounting to Rs.16,93,406/- and Rs. 1,50,659/- respectively. Aggrieved by the order of the CPC, the assessee preferred an appeal....

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....ng to the said provision no Advance Tax need to be paid. 3. Any other ground that may be urged at the time of hearing." 4. Before us, at the outset, the Ld. AR argued that the Ld. Revenue Authorities are erred in charging interest U/s. 234B of the Act and ought to have considered the fact that the purchaser of the property should have deducted the entire tax payable by the assessee in view of t....

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....Authorities. From the order of the Ld. CIT(A)-NFACT, it is apparent that the Ld. CIT(A)-NFAC has discussed the issued at length at para 5.3 of his order before deciding the issue against the assessee. For the sake of reference, relevant para 5.3 of the Ld. CIT(A)-NFAC is reproduced herein below: "5.3. Interest under section 234B is charged from 1st April of the following the Financial Year. The ....