ILJIN AUTOMOTIVE PRIVATE LIMITED, KANCHIPURAM CHEENAI V. DCIT DC 2(3), CHENNNAI

ITA 523/CHNY/2023

AI Insights

The case involves M/s. Iljin Automotive Pvt. Ltd., the appellant, contesting the charging of interest under sections 234A to 234D of the Income Tax Act, which was deemed consequential in nature. The dispute arose after the income tax return for the assessment year 2018-19 was accepted under section 143(3) read with section 144B, but the total income was incorrectly reflected in the computation sheet. Following an appeal, the CIT(A) directed the AO to recompute the tax liability as per the assessment order and to charge applicable interest as per the law. The appellant, still aggrieved, approached the Income Tax Appellate Tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134406 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 30-05-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 25-04-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण “सी” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय +ी वी. द ु गा1 राव, ाियक सद2 एवं माननीय +ी मनोज कु मार अ7वाल ,लेखा सद2 के सम9। BEFORE HON’BLE SHRI V. DURGA RAO, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ITA No.523/Chn y/2023 (िनधा1रणवष1 / Assessment Year: 2018-19) M/s.Iljin Automotive Pvt.Ltd. Plot No.B1 & B2, SIPCOT Industrial Park Irungattukottai, Sriperumbudur Kanchipuram-602 105. बनाम/ V s . DCIT DC II (3) Chennai. थायीलेखासं./जीआइआरसं./PAN/GIR No.A AAC I - 26 41-E (अपीलाथ /Appellant) : ("#थ / Respondent) अपीलाथ कीओरसे/ Appellant by : None "#थ कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 31-05-2023 घोषणाकीतारीख/Date of Pronouncement : 01-06-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. At the time of hearing, none appeared for assessee. However, Ld. Sr. DR submitted that the returned income has been accepted and the assessee is merely assailing charging of interest u/s 234A to 234D which is consequential in nature. 2. We find that though the return of income was accepted u/s 143(3) r.w.s. 144B vide order dated 13-09-2021, the amount of total income was wrongly picked up in the computation sheet. Upon further appeal, Ld. 2 ITA No. 523/Chny/2023 CIT(A) directed Ld. AO to recompute the tax liability as per assessment order passed u/s 143(3). The Ld. AO was also directed to charge applicable interest as per law. Still aggrieved, the assessee is in further appeal before us. 3. We find that the assessee’s grievance has adequately been addressed in the impugned order. However, we reiterate that interest u/s 234A to 234D is consequential and mandatory in nature and Ld. AO is directed to re-compute the same in accordance with law considering the income assessed u/s 143(3). 4. The appeal stand allowed in terms of our above order. Order pronounced on 01 st June, 2023. Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) ाियक सद2/JUDICIAL MEMBER लेखासद2 / ACCOUNTANT MEMBER चे6ईChennai; िदनांकDated : 01-06-2023 DS आदेश की Xितिलिपअ 7ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant2. यथ /Respondent 3. आयकरआय ु त/CIT4. वभागीय त न ध/DR 5. गाड फाईल/GF