2023 (8) TMI 1173

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....of appeal in all these three appeals. Thus, the ground raised in ITA No. 2388/Mum/2022 for A.Y. 1991-92 are as under:- "NATURAL JUSTICE 1.1 In the facts and the circumstances of the case, and in law, the appellate order framed by the Learned Commissioner of Income-tax (Appeals) 52, ["Ld. CIT (A)") be held as bad and illegal, as: (i) The same is framed in breach of the principles of natural justice, and (ii) The same is passed without application of mind to the facts and the submissions brought on record by the Appellant. (iii) The same is passed without providing an opportunity of personal hearing. WITHOUT PREJUDICE TO THE ABOVE 2. LEVY OF INTEREST U/S 220 (2) OF THE ACT 2.1 The Ld. CIT (A) erred in dismissing in limine the ground raised by the Appellant with respect to levy of interest u/s 220 (2) of the Income tax Act, 1961["the Act], as not maintainable. 2.2 While doing so, the Ld. CIT (A) erred in: (i) Basing his action on surmises, suspicion and conjecture; (ii) Taking into account irrelevant and extraneous considerations; and (iii) Ignoring relevant material and conside....

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....ed CIT (A) erred in dismissing the ground in respect to the quantification of such interest not being in accordance with the law, as not requiring adjudication. 5.2 While doing so, the Ld. CIT (A) erred in: (i) Basing his action on surmises, suspicion and conjecture; (ii) Taking into account irrelevant and extraneous considerations; and (iii) Ignoring relevant material and considerations as submitted by the Appellant 5.3 It is submitted that in the facts and the circumstances of the case, and in law, no such addition was called for. 5.4 Without prejudice to the above, it is submitted that in the facts and the circumstances of the case and in law, the appeal on this ground was maintainable and, further, the quantification of the interest u/s 234A,B,C was not in accordance with the law. LIBERTY 6. The Appellant craves leave to add, alter, delete or modify all or any the above ground at the time of hearing." 03. Briefly the facts of the case shows that the assessee was engaged in the business of broker of government and other securities and was also a trader in share at Bombay Stock Exchange. Assessee is also a....

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.....29,45,35,838/- was granted and consequently, interest under Section 234A, 234B and 234C and 220(2) of the Act was charged. 07. Against Assessment of all these three years, assessee preferred appeal before the learned CIT (A) on 29th January, 2018. The learned CIT (A) passed the consolidated Appellate order on 26th July, 2022. 08. The only ground of appeal raised by the assessee was against levy of interest under Section 234B & C of the Act and under Section 220(2) of the Act. Admittedly, both these interest were charged in the assessment order passed under Section 143(3) read with section 254 of the Act. The assessee made detail submission before the learned CIT (A). The learned CIT (A) questioned the maintainability of these appeals because assessee is not challenging any addition or deletion to the total income of the assessee i.e. the assessed income but merely challenging the chargeability or excessiveness of interest charged under Section 234A, 234B, 234C and 220(2) of the Act. The learned CIT (A) held that the provision of Section 246A of the Act does not cover orders passed under provisions of these sections as appealable orders. Accordingly, these appeals are not mai....

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....Officer who should have asked the custodian to remit amount of advance tax in case of the assessee at the time of each of advance tax installment payable. On maintainability, he submitted that assessee is challenging the order passed under Section 143(3) of the Act. Therefore, according to him the appeal is maintainable and on merits the issue deserves to be decided in favour of the assessee. 012. We have carefully considered the rival contentions and perused the orders of the lower authorities. Admittedly, in this case, the assessment orders for all these three years are passed under Section 143(3) read with section 254 of the Act. In the assessment order itself, the learned Assessing Officer has charged interest under Section 234A, 234B, 234C and also interest under Section 220(2) of the Act. Admittedly, the appeal is a statutory right. If the statute does not confer any right on the assessee to file the appeal, same cannot be filed. In view of this, the issue is to be decided whether the appeal filed by the assessee is maintainable or not. According to the provisions of Section 246A of the Act any assessee who is aggrieved by 'Specified orders' may appeal to the Commissioner ....