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Documents citing Bajaj Hindustan Ltd, Mumbai vs Acit 3(1), Mumbai on 12 January, 2023

A.P. Moller, Mumbai vs Department Of Income Tax

4. The Hon'ble Bombay High Court vide its judgment dated 15.4.2009 (supra) held that the provisions of section 234D having come on the Statute Book only with effect from 1.6.2003 and the said provisions having no retrospective effect, no substantial question of law arose from the order of the Tribunal as sought to be raised by the revenue in its appeal. The issue involved in the present case thus now stands squarely covered by the decision of the Hon'ble Bombay High Court in the case of CIT v. Bajaj Hindustan Ltd., and respectfully following the same, we uphold the impugned order of the learned CIT(A) for the assessment year 2000-01 cancelling the interest charged by the Assessing Officer u/s.234D as the corresponding refund for the said year was granted on 14.3.2002 i.e. prior to 1.6.2003. The refund for the assessment year 2003-04, however, was admittedly granted to the assessee on 17.3.2004 i.e. after 01.06.2003 and the learned 3 ITA Nos.1575 & 1578/M/2010 M/s. A.P. Moller CIT(A), therefore, was not justified in canceling the interest levied by the Assessing Officer for the assessment year 2003-04. The impugned order of the learned CIT(A) for the assessment year 2003-04 on this issue is accordingly set aside and that of the Assessing Officer is restored.
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Scindia Investments P. Ltd., Mumbai vs Department Of Income Tax

In view of the decision of the jurisdictional High Court in the case of CIT vs Bajaj Hindustan Ltd in ITA No.198 of 2009 dt 15.4.209 as well as the decision of the Special Bench of the Tribunal in the case of ITO vs Ekta Promoters P Ltd reported in 113 ITD 719(SB) Delhi, interest u/s 234D cannot be levied retrospective. Accordingly, this issue is decided in favour of the assessee. ITA No.2287/Mum/2006 ( by the revenue) 19 This appeal by the revenue is directed against the order dated 13.12.2005 of the CIT(A) for the Assessment Year 2001-02 .
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Cap Gemini Consulting India Pvt. Ltd ... vs Assessee

retrospective effect. The learned A.R. has placed on record a copy of the unreported judgement of the Hon'ble jurisdictional High Court in CIT Vs. Bajaj Hindustan Ltd. dated 15th April, 2009 holding that interest u/s.234D cannot be charged in respect of refunds granted prior to 01.06.2003. In this case the Hon'ble High Court has held that section 234D has been inserted with effect from 01.06.2003 and hence does not have any retrospective effect. As the assessment year under consideration is 2002-2003, naturally the provisions of section 234D would not be attracted. This ground is allowed.
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