B.C.Biyani Projects P.Ltd, v. ACIT Cir -2 Jalgaon,

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI I.C. SUDHIR AND SHRI D. KARUNAKARA RAO ITA NO. 777 778 & 779/PN/2009 A.Y. 2005- 06 B.C. BIYANI PROJECTS PVT. LTD. BIYANI CHAMBERS JAMNER ROAD BHUSAWAL DIST. JALGAON PAN NO. AACCB3617R . APPELLANT VS. ACIT CIRCLE -2 JALGAON RESPONDENT APPELLANT BY : SHRI M.K. KULKARNI RESPONDENT BY: SHRI A.S. SING H/MRS. MANJU AJWANI ORDER PER I.C. SUDHIR: IN ALL THESE APPEALS THE ASSESSEE HAS QUESTIONED F IRST APPELLATE ORDER ON THE COMMON GROUND THAT LD. CIT(A) WAS NOT JUSTIFIED IN DISMISSING THE APPEALS IN WHICH THE LEVY OF INTEREST U/S. 234-B & 234-D WAS CONTEST ED BY THE APPELLANT AS A RESULT OF ORDER PASSED U/S. 154 OF THE ACT. 2. WE HAVE HEARD AND CONSIDERED THE ARGUMENTS ADVAN CED BY THE PARTIES. BEFORE US THE LD. AR FAILED TO ESTABLISH THAT THERE WAS MISTAKE APPARENT FROM RECORD IN THE LEVY OF INTEREST U/S. 234-B AND 234-D OF THE ACT BY THE A.O TO RECTIFY THE SAME ON THE APPLICATION U/S. 154 OF THE ACT FILED BY THE ASSESSEE TO HIM. IT IS ALSO NOT HIS CASE THAT THERE WAS A CALCULATION MISTAKE IN COMPUT ATION OF INTEREST U/S 234-B AND 234-D BY THE A.O. THE ASSESSEE MAY HAVE A GOOD CASE ON MERITS AGAINST LEVY OF INTEREST WHICH CAN ALWAYS BE QUESTIONED BEFORE THE APPELLATE AUTHORITY UNDER THE ITA NO.777 778 & 779/PN/2009 AY: 2005-06 PAGE 2 OF 2 AVAILABLE PROVISIONS OF THE ACT. BUT FOR INVOCATION OF PROVISIONS U/S. 154 OF THE ACT THE FOREMOST REQUIREMENT IS THAT THERE MUST BE MISTAKE APPARENT FROM RECORD IN THE ORDER WHICH CAN BE RECTIFIED. IN ABSENCE OF FULFILL MENT OF SUCH REQUIREMENT WE ARE OF THE VIEW THAT THE A.O AND LD. CIT(A) HAVE RIGHTLY H ELD THAT IT IS NOT A FIT CASE TO INVOKE THE PROVISIONS OF SEC. 154 OF THE ACT WHILE REJECTI NG SUCH REQUEST MADE BY THE ASSESSEE BEFORE US REGARDING LEVY OF INTEREST U/S. 234-B AND 234-D OF THE ACT. THE GROUND IS THUS REJECTED. 3. CONSEQUENTLY THE APPEALS ARE DISMISSED. 4. ORDER IS PRONOUNCED IN THE OPEN COURT ON 30 TH AUGUST 2010. SD/- SD/- (D.KARUNAKARA RAO) (I.C. SUDHIR) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE DATED THE 30 TH AUGUST 2010 R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. ACIT CIRCLE 2 JALGAON 3. CIT(A)-II NASHIK 4. CIT-II NASHIK 5. D.R ITAT B BENCH PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES PUNE