Shri. P S Nanda Kumar, Bangalore V. Deputy Commissioner of Income Tax, Circle-7(2)(1), Bangalore

ITA 1999/BANG/2017

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 5359 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 13-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NANDINI DAS A DDL
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, B ENGALURU BEFORE S HRI N.V.VASUDEVAN , JUDICIAL MEMBER AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER I TA NO. 1999 / BANG/2 0 1 7 (ASSESSMENT YEAR: 2007 - 08 ) SHRI P.S.NANDA KUMAR, NO.337/6, 2 ND FLOOR, 43 RD CROSS SP ROAD, 9 TH MAIN, 5 TH BLOCK, JAYANAGAR, BENGALURU - 560001. VS. APPELLANT DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 7(2)(1), BENGALURU. RESPONDENT APPELLANT BY : SMT. SHEETAL BORKAR, ADVOCATE RESPONDENT BY : SMT. NANDINI DAS, A DDL.CIT DATE OF HEARING : 04/10/2018 DATE OF PRONOUNCEMENT : 05 /10/2018 O R D E R PER INTURI RAMA RAO, A M : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) - 7, BENGALURU, DATED 14/ 08/2017 FOR THE ASSESSMENT YEAR 2007 - 08. 2. THE ASSESSEE RAISED THE FOLLOWING GROUNDS OF APPEAL: ITA NO . 1999 /BANG/20 17 PAGE 2 OF 2 3. THE ISSUE INVOLVED IN THE PRESENT APPEAL RELATES TO LEVY OF INTEREST U/S 234B OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT ' FOR SHORT]. NOW, LAW IS WELL SETTLED TO THE EXTENT THAT LEVY OF INTEREST U/S 234B IS MANDATORY AS HELD BY THE HON BLE SUPREME COURT IN THE CASE OF CIT VS. ANJUM M. H. GHASWALA & OTHERS ( 252 ITR 1 ) (SC) . THEREFORE, THE ORDER PASSED BY THE CIT(A) IS IN CO NSONANCE WITH THE SETTLED POSITION OF LAW. WE DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE CIT(A). 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH OCTOBER 2018 S D/ - SD/ - (N.V.V ASUDEVAN) ( INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT M EMBER PLACE : BENGALURU. D A T E D : 05 / 10 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALO RE