- (1.) We have heard Shri R.K. Upadhyaya, Standing Counsel, Income Tax Department. Shri R.R. Agarwal appears for the Respondent-Assessee.
(2.) In this Income Tax Appeal, the following question of law has been raised: Whether the Hon'ble Tribunal is correct in law in setting aside the impugned order of the learned CIT (Appeals) on the issue of charging of interest under Sections 234B and 234C of the IT Act, 1961 and in restoring the matter to the file of the Assessing Officer for affording an opportunity to the Assessee of being heard, especially in view of the contrary decision of the Hon'ble Supreme Court in the cases of Anjum M.H. Ghaswala , 252 ITR 1 (SC) and Sant Ram Mangat Ram Jewellers , 264 ITR 564 (SC) holding that charging interest under Sections 234A, 234B and 234C is mandatory and that these sections in clear terms imposed a mandate to collect interest at the specified rate.
(3.) We have gone through the order of Income Tax Appellate Tribunal dated 21.11.2005, and do not find that the Tribunal has decided the question of charging of mandatory interest as determined under Section 234-A, 234-B and 234-C of the Income Tax Act, 1961 to raise it in the grounds in appeal.;