TVL Sanmac Motor Finance Ltd. v. CCIT (2020) 271 Taxman 51 (Mad.)(HC)

S. 234A : Interest-Default in furnishing return of income-Waiver of interest-legal and financial disability for a long period due to subsistence of winding up order, no interest would be payable under sections 234A, 234B and 234C for aforesaid period. [S. 119(2)(a), 234B, 234C, Art. 226]

Assessee company became financially too weak to defend itself even during proceedings of winding up.  In reassessment order, tax liability was determined and interest under sections 234A and 234B was levied on assessee. In meantime, assesse company was sought to be wound up by its creditors, and on 18-6-2001 order of winding up was passed by High Court. Subsequently, another order was passed on 27-10-2006 for reconstruction and revival of assessee’s operations; thus, assesse company was under a legal disability during period between 18-6-2001 and 27-10-2006.  Assessee, during aforesaid period, was under control of Court and official liquidator. The waiver petition for waiver of interest was dismissed by the CBDT. On writ interest under sections 234A, 234B and 234C was to be waived for period between 18-6-2001 and 27-10-2006 i.e., during subsistence of winding up order.  (AY. 1995-96 to 1997-98)