Krones Aktiengesellschaft v. Dy. CIT (IT) (2023)108 ITR 705 (Delhi) (Trib)

S. 234B : Interest-Advance tax-Income liable to tax deduction at source-Not liable to advance tax.

Held that section 234B should not be read in isolation without reference to the other provisions of Chapter XVII. The pre-conditions of section 234B for payment of interest were that : liability to pay advance tax and non-payment or short payment of such tax, had to be satisfied, after which interest could be levied taking into account the assessed tax. The Revenue was, however, not remediless and could proceed against the payer who had defaulted in deducting tax at source.(AY.2011-12)