Commissioner Of Income Tax vs Sri Amit Sersaria on 23 February, 2015

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Calcutta High Court

Commissioner Of Income Tax vs Sri Amit Sersaria on 23 February, 2015

Bench: Girish Chandra Gupta

ORDER SHEET
                                ITA 360 OF 2009
                      IN THE HIGH COURT AT CALCUTTA
                        Special Jurisdiction (Income Tax)
                                 ORIGINAL SIDE



                      COMMISSIONER OF INCOME TAX, CENTRAL-III,KOLKATA
                                                                Versus
                                                    SRI AMIT SERSARIA


  BEFORE:

  The Hon'ble JUSTICE GIRISH CHANDRA GUPTA

  The Hon'ble JUSTICE ARINDAM SINHA

  Date : 23rd February, 2015.

                      For Appellant/Petitioner : Mr.R.N.Bandyopadhyay,Advocate
                                                        Mr.P.Dhudhoria,Advocate

                                  For Respondent/assessee : Mr.S.Das, Advocate

The Court : The appeal was admitted on 7th January, 2010 and the following question of law was formulated :

"Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal erred in law as well as in fact in upholding the order of Commissioner of Income Tax (Appeal) deleting the interest amount charged under Section 234B ?"

It is not in dispute that the assessee requested the assessing officer to adjust a sum of Rs.12 lakhs seized against the tax liability of Rs.11,88,000/- for the assessment year 2006-07. In spite of such request adjustment was not made and a sum of Rs.2,58,616/- was claimed by way of interest under section 234B. 2 The aforesaid claim has been turned down both by the CIT (Appeals) and the learned Tribunal. It is against this order that the revenue has come up in appeal.

Mr.Bandyopadhyay, learned advocate submitted that it is not within the power of the assessing officer to allow such adjustments, as prayed for by the assessee. He in support of his submission relied on a Notification bearing F.No.400/234/95-IT(B), dated 23-5-1996 which has the following caption :

"Reduction or waiver of interest charged under section 234A/234B/234C- Modification in Order F.No.400/234/95-IT(B), dated 23-5-1996."

Needless to mention that the circular relied on by Mr.Bandyopadhyay is with regard to the reduction or waiver of interest. The assessee neither prayed for reduction nor he prayed for waiver. Therefore, reliance placed by Mr.Bandyopadhyay upon the circular is altogether misplaced.

For the aforesaid reasons, the appeal is dismissed and the question is answered in the negative and in favour of the assessee.

(GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) ssaha AR(CR)

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