Narad Investments & Trading Pvt. Ltd. v. Dy. CIT ITAT ‘H’ Bench, Mumbai Before B. R. Mittal (JM) and Rajendra Singh (AM) ITA Nos. 3360/Mum./2010 A.Y.: 1996-97. Decided on: 19-10-2011 Counsel for assessee/revenue: Jayesh Dadia/ V. V. Shastri

Issue: When original assessment has been set aside by the Tribunal and fresh assessment has been made by the AO, the period of levy of interest u/s.220(2) should be reckoned from the date of default as per the original assessment order or as per the fresh assessment order.

In the case of the assessee the original assessment was confirmed by the CIT(A) but on further appeal, the Tribunal set aside the order of the CIT(A) and the issue was restored back to the AO. In the fresh assessment, the AO repeated the addition raising the same demand but interest u/s.220(2) was levied from the date of demand notice issued as per the original assessment order. The assessee disputed the AO’s action relying on the Board Circular No. 334, dated 3-4-1982, and contended that as the original assessment had been set aside by the Tribunal, the interest u/s.220(2) could be charged only from the date when the demand become due as per the fresh assessment order and not from the date of original assessment order.

Held:
In terms of the Board Circular (supra), in case the assessment is set aside by the CIT(A) and setting aside become final, interest u/s.220(2) has to be charged only after expiry of 35 days from the date of service of demand notice pursuant to the fresh assessment order. In the case of the assessee, since the original order of assessment was confirmed by the CIT(A) but on further appeal, the Tribunal set aside the order of the CIT(A) and the issue restored to the AO, it was held that in terms of the Circular, the interest u/s.220(2) had to be charged only from the date of the fresh assessment order.