Case Law Details
Bokaro Power Supply Co. Pvt Vs Addl. CIT Special Range(ITAT Delhi)
In the written submissions the assessee has agitated regarding charging of interest of Rs. 48,069/- u/s. 234 A of the Act and submitted that the company has electronically uploaded form 3CEB on 30th November 2015 as well as the Income Tax Return on same date which are within the due date prescribed in Explanation 2 to section 139(1) of the Act. Therefore interest u/s. 234(A) has been charged erroneously assuming the date of filing of return as 30.09.2015.
On carefully consideration of submissions of the assessee undisputedly assessee company is a joint venture company owned equally 50% each by Steel Authority of India Ltd (SAIL) and Damodar Valley Corporation Ltd (DVC) which are Central Public Sector undertakings. Therefore due date for filing of return as per Explanation 2 to section 139(1) of the Act for A.Y. 2015-16 was 30.09.2015. This fact has been controverted by the Ld. Senior D.R. that the company has electronically uploaded its return of income and from 3CEB on 30.09.2015, as also has been mentioned in assessment order para 1. Therefore interest u/s. 234A of the Act is not liable of the assessee hence ground no 2 is allowed.
FULL TEXT OF THE ORDER OF ITAT DELHI
These appeals filed by the assessee is directed against the order dated 22.02.2019 of the Ld. CIT(A), New Delhi, relating to Assessment Years 2014-15 & 2015-16.
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