Vimal Sureshbhai Mishra vs. ITO

Parties Involved

Facts Summary

The assessee filed a return of income under section 139(8A) of the Income-tax Act, 1961 on 03.04.2023 declaring a total income of ₹20,47,420/- and duly paid applicable taxes on the return of income filed by him. The return was processed under section 143(1) of the Act vide intimation order dated 29.10.2024 wherein interest under sections 234A and 234B was charged, resulting in a tax demand of ₹1,04,840/-. The assessee objected to the interest computation under section 234B of the Act on the ground that CPC erroneously calculated interest at ₹1,36,834/- without properly applying section 234B of the Act, and ignoring the fact that self-assessment tax had already been paid by the assessee under section 140A of the Act before the date of intimation order under section 143(1) of the Act on 29.10.2024. The assessee filed a rectification application under section 154 of the Act 09.11.2024 to correct the mistake apparent from the record, but the same was rejected vide order dated 14.02.2025.…

Legal Issues

• 1. Whether the Ld. CIT(A) was right in upholding the order passed u/s. 143(1) of the Income Tax Act, 1961?
• 2. Whether the Ld. CIT(A) is right in law and on facts in calculating the interest under section 234B of the Income Tax Act, 1961 to the tune of Rs. 1,36,834/- till the date of intimation u/s 143(1) of the Income Tax Act, 1961?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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