2023 (4) TMI 685

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.... 154 by the ACIT, Central Circle-2, Jodhpur is bade in law and on facts. 2. That the ld. CIT(A) in the facts and circumstances of the case erred in confirming the action of the AO for charging interest of Rs.7,83,201/- u/s 234A vide order dated 31-10-2017 passed u/s 154 although the return in response to notice u/s 153A was filed in said notice period. 2.1. Brief facts of the case are that the assessee was required to file an appeal u/s 139(1) of the Act for the assessment year 2014-15 on or before 30-09-2014. A search was conducted on Notice 8-05-2014. Notice u/s 153A of the Act was issued on 13-02-2015 requiring the assessee to file ROI for the assessment year 2009-10 to 2014-15 within 30 days of receipt of the notice u/s 153A....

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....a notice u/s 148 or Section 153A issued after the determination of income under sub-section (1) of Section 143 or after the completion of an assessment under sub-section (3) of Section 143 or Section 144 or Section 147, is furnished after the expiry of the time allowed under such notice, or is not furnished, the assessee shall be liable to pay simple interest at the rate of one per cent for every month comprised in the period commencing on the day immediately following the expiry of the time allowed as aforesaid, and - (a) where the return is furnished after the expiry of the time aforesaid, ending on te date of furnishing the return, or (b) where no return has been furnished, ending on the date of completion of the reasse....

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....I.T. Act, 1961. After carrying out the search, the ACIT, Central Circle-2, Jodhpur assuming jurisdiction issued notices u/s 153A(1)(a) of the Act on 13-02-2015 for six assessment years including the assessment year 2014-15 giving a period of 30 days after service of the notice to file the return of income ad accordingly, the return of income for the A.Y. 2014-15 was filed on 12-03-2015. The ld. AR further submitted that it is an admitted fact that the return u/s 153A was submitted well within the notice period and there was no delay in filing the said return. Thus the grounds raised by the assessee is to be allowed. 2.4. On the other hand, the ld. DR supported the order of the AO. 2.5. We have heard both the parties and perused the ma....

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....ed or requisition is made [and for the relevant assessment year or years.'' From going through the above provisions, we observe that sub- section (1) of Section 153A starts with the word ''Notwithstanding anything contained in Section 139...... and thus since search has been conducted and section 153A of the Act comes into operation, the provisions of other sections referred in 153A (1) i.e section 139 and others as mentioned above loses its operation. Notice u/s 153A of the Act was issued on 13-02-2015 requiring the assessee to file ROI for the A.Y. 2009-10 to 2015-15 within 30 days of receipt of the notice The assessee filed the return of income u/s 153A for the A.Y. 2014-15 on 12-03-2015 i.e. with the time allowed by n....