Shri Vijay Kumar Agarwal, Jaipur vs Income Tax Officer, Ward-4-2, Jaipur on 24 May, 2021
"25. We are afraid that we cannot accept this argument either.
This general statement at the end of the reassessment order
cannot be regarded as a finding or an addition with regard to
reason (b). If we recall, reason (b) was a specific allegation that
the assessee was liable to pay interest under Section 234D on
excess refund of Rs. 125,55,01,247/- and that because of the
„mistake‟ that the assessee had not been required to pay the
interest amount, there was a short levy of interest of
Rs.62,77,506/-. We do not find any conclusion with regard to
this in the reassessment order. The Assessing Officer having
indicated the specific amount of alleged short levy of interest
had to return a conclusive finding resulting in an addition. There
14 ITA 59/JP/2019_
Vijay Kr Agarwal Vs ITO
was none. Therefore, even in respect of reason (b) there was no
addition made."