The assessee is non-resident. The assessee filed application before Chief Commissioner of Income-tax for waiver of interests levied under section 234B,, 234C of the Act. Chief Commissioner of Income-tax rejected the petition. On writ allowing the petition the Court held that the assessee was not liable to pay interest under sections 234B and 234C. In the case of assessee’s sister concern, which was also engaged in similar dredging contracts the Department’s appeal before the Tribunal against the order passed by the Commissioner (Appeals) for the assessment year 1999-2000 with regard to the levy of interest under sections 234B and 234C was dismissed. The Department’s appeal filed before the High Court was also dismissed and this order was affirmed by the Supreme Court. The order of the Chief Commissioner was set aside. (AY.2000-01)
Van Oord ACZ BV v. Chief CIT (2022) 447 ITR 242 (Mad.)(HC)
S. 234B : Interest-Advance tax-Non-Resident-Waiver of interest-Not liable to pay interest. [S. 234C, Art. 226]