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Charging of interest under sections 234A, 234B and 234C of the Income Tax Act


Court :
ITAT Delhi

Brief :
This appeal filed by the assessee is directed against the order dated 09.08.2019 of the Commissioner of Income Tax (Appeals)-XXV, New Delhi relating to Assessment Year 2007-08.

Citation :
ITA No.8316/Del/2019

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI
BENCH ‘SMC’, NEW DELHI
BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER
(THROUGH VIDEO CONFERENCING)
ITA No.8316/Del/2019
(Assessment Year : 2007-08)

Special Jewellery Co. Ltd.
32/3176, Beadon Pura
Karol Bagh,
New Delhi-110 005
PAN : AABCS 0690 L

vs

DCIT
Circle – 9(1)
New Delhi

Assessee by --None--
Revenue by Shri R. K. Gupta, Sr. DR
Date of hearing: 04.10.2021
Date of Pronouncement: 04.10.2021
ORDER

This appeal filed by the assessee is directed against the order dated 09.08.2019 of the Commissioner of Income Tax
(Appeals)-XXV, New Delhi relating to Assessment Year 2007-08.

2.Assessee is a company who filed its return of income for A.Y. 2007-08 on 29.10.2007 declaring total income at Rs.33,95,050/-. The return of income was initially processed u/s 143(1) of the Act thereafter notice u/s 148 of the Act was issued on 27.03.2014 and in response to which assessee submitted that the return filed by it on 29.10.2007 be considered to be returned in response to notice u/s 148 of the Act. Thereafter, the case was taken up for scrutiny and assessment was framed u/s 147/143(3) of the Act vide order dated 25.06.2014 and the total income was determined at Rs.41,62,520/-. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) who vide order dated 09.08.2019 in Appeal No.10380/18-19 dismissed the appeal of the assessee.

3. I have heard the Learned DR and perused the materials on record. The perusal of CIT(A) order reveals that CIT(A) has passed an ex parte order without deciding the issue on merits. Sub Section (6) of Section 250 of I. T. Act mandate the CIT(A) to state the points in dispute and thereafter assign the reasons in support of his conclusion. I am of the view that by dismissing the appeal without considering the issue on merits, Learned CIT(A) has failed to follow the mandate required in Sub Section (6) of Section 250 of the Act.

4. In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 04.10.2021, immediately after conclusion of the hearing of the matter in virtual mode.

Please find attached the enclosed file for the full judgement

 

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