2001 PLP 2421 (PTD)
COMMISSIONER OF INCOME‑TAX and others Versus RANCHI CLUB LTD
| Citation | 2001 PLP 2421 (PTD) |
| Forum / Court | 247 I T R 209 |
| Bench Members | S. P. Bharucha, Syed Shah Mohammed Quadri and N. Santosh Hegde, JJ |
| Parties | COMMISSIONER OF INCOME‑TAX and others Versus RANCHI CLUB LTD |
Q1: What are the key laws and sections cited in 2001 PLP 2421 (PTD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 2421 (PTD)?
The case was heard and decided by the 247 I T R 209 bench comprising: S. P. Bharucha, Syed Shah Mohammed Quadri and N. Santosh Hegde, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 2421 (PTD) (COMMISSIONER OF INCOME‑TAX and others Versus RANCHI CLUB LTD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dr. V. Gauri Shankar, Senior Advocate (Ranbir Chandra, Rajiv Nanda arid Ms. Sushma Suri, Advocates with him) for Appellants.
- Deba Pradsad Mukherjee, Advocate for the Respondents (in C.A.No. 10360 of 1996).
Headnotes / Summary
(Civil Appeal No. 10360 of 1996 is against the judgment and order, dated November 13, 1995 of the Patna High 'Court (Ranchi Bench) in C.W.J.C. No.3088 of 1995 (R)). (Civil Appeals Nos. 145 to 149 of 1997 are against the judgment and order dated July 2, 1996 of the Patna High Court (Ranchi Bench) C.W.J. C. Nos.3494, 3527, 3609, 3562 and 3782 of 1995(R)). (a) Income‑tax‑‑‑ ‑‑‑‑Interest‑‑‑Return of income filed by assessee‑‑‑Notice to produce accounts or document‑‑‑ Interest not leviable for failure to comply with notice‑‑ Indian Income Tax Act, 1961, Ss. 142(1)(ii), (iii) & 234A. (b) Income‑tax‑‑‑ ‑‑‑‑Interest‑‑‑Specific direction giving reference to section necessary in assessment order‑‑‑Absence of reference to section under which interest to be levied‑‑‑Interest not leviable through notice of demand‑‑‑Indian Income Tax Act, 1961, Ss. 156, 234A, 234B & 234C. (c) Income‑tax‑‑‑ ‑‑‑‑Notice of demand‑‑‑Interest not leviable through notice of demand without specific direction in assessment order‑‑‑Indian Income Tax Act, 1961, S.156. (d) Income‑tax‑‑‑ ‑‑‑‑Interest‑‑‑Default in filing return‑‑‑Interest to be calculated with respect to income declared in return‑‑‑Not income assessed‑‑‑Indian Income Tax Act, 1961, S.234A. Against the decision of the High Court (see (1996) 217 ITR 72), inter alia, that the object of section 234A of the Income Tax Act, 1961, was not to penalise the assessee, who had already filed a return under section 139, for not producing accounts or documents and so on pursuant to notice issued under clause (ii) or (iii) of section 142(1), and that no interest could be levied under section 234A for such failure and that under Explanation 4 to section 234A interest was to be levied with respect to the income declared in the return and not the income assessed, the Department preferred an appeal to the Supreme Court. The Supreme Court dismissed the appeal. Ranchi Club Ltd. v. CIT (1996) 217 ITR 72 affirmed on this point. Against the decision of the High Court in relation to Ranchi Club Ltd see (1996) 222 ITR 44), inter alia, that an order of the Assessing in the assessment order to charge interest has to be specific and clear and the assessee must be made to know that the Assessing Officer, after applying his mind, has ordered charging of interest and under what section, the Department preferred appeals to the Supreme Court. The Supreme Court dismissed the appeals. Ranchi Club Ltd. v. CIT (1996) 222 ITR 44 affirmed on this point. Deba Pradsad Mukherjee, Advocate for the Respondents (in C.A.No. 10360 of 1996).
Judgment & Decree
‑‑‑‑Interest‑‑‑Specific direction giving reference to section necessary in assessment order‑‑‑Absence of reference to section under which interest to be levied‑‑‑Interest not leviable through notice of demand‑‑‑Indian Income Tax Act, 1961, Ss. 156, 234A, 234B & 234C. (c) Income‑tax‑‑‑ ‑‑‑‑Notice of demand‑‑‑Interest not leviable through notice of demand without specific direction in assessment order‑‑‑Indian Income Tax Act, 1961, S.156. (d) Income‑tax‑‑‑ ‑‑‑‑Interest‑‑‑Default in filing return‑‑‑Interest to be calculated with respect to income declared in return‑‑‑Not income assessed‑‑‑Indian Income Tax Act, 1961, S.234A. Against the decision of the High Court (see (1996) 217 ITR 72), inter alia, that the object of section 234A of the Income Tax Act, 1961, was not to penalise the assessee, who had already filed a return under section 139, for not producing accounts or documents and so on pursuant to notice issued under clause (ii) or (iii) of section 142(1), and that no interest could be levied under section 234A for such failure and that under Explanation 4 to section 234A interest was to be levied with respect to the income declared in the return and not the income assessed, the Department preferred an appeal to the Supreme Court. The Supreme Court dismissed the appeal. Ranchi Club Ltd. v. CIT (1996) 217 ITR 72 affirmed on this point. Against the decision of the High Court in relation to Ranchi Club Ltd see (1996) 222 ITR 44), inter alia, that an order of the Assessing in the assessment order to charge interest has to be specific and clear and the assessee must be made to know that the Assessing Officer, after applying his mind, has ordered charging of interest and under what section, the Department preferred appeals to the Supreme Court. The Supreme Court dismissed the appeals. Ranchi Club Ltd. v. CIT (1996) 222 ITR 44 affirmed on this point. Dr. V. Gauri Shankar, Senior Advocate (Ranbir Chandra, Rajiv Nanda arid Ms. Sushma Suri, Advocates with him) for Appellants. Deba Pradsad Mukherjee, Advocate for the Respondents (in C.A.No. 10360 of 1996). We have heard learned counsel for the appellant. We find no merit in the appeals. The civil appeals are dismissed. No order as to costs. M.B.A./981/FC Appeals dismissed.