TaxTMI 
TaxTMI 
2023 (4) TMI 685
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....e 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. The assessee filed return of u/s 153A for the A.Y. 2014-1....
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....on (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 reassessment or recomputation under section 147 [for reassessment under section 153A] On the amount by whic....
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....3A(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 materials available on record. In this case, it is noted that the search was conducted on 08-05-2014 in the case of the assessee dur....