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Ask your queries or reply to others' queries => Discussion => Topic started by: ROAR GANSHI on December 17, 2011, 03:54:37 PM

Title: Levy of interest U/s. 234C on Assessed Income U/s. 143(3)
Post by: ROAR GANSHI on December 17, 2011, 03:54:37 PM
Dear All,

I m new member of ur group. Please help me to find out judgments on levy of interest U/s. 234C on assessed income is right or wrong. As per my knowledge interest U/s. 234C can calculate at the time of filing the return of income. If one has paid the same. In assessment order the assessing officer can not charged interest U/s. 234C on assessed income.

Please help me on this topic. Give your precious view.

Regards,

Roar Gandhi
Title: Re: Levy of interest U/s. 234C on Assessed Income U/s. 143(3)
Post by: satyanveshi on December 17, 2011, 04:06:10 PM
No case laws required. Interest u/s 234C, as per the Act, is charged only on returned income and not on income assessed. When it is explicit in the Act why to take help from the case law.
Show the Act and argue. Take the help of any Singhania books.
Title: Re: Levy of interest U/s. 234C on Assessed Income U/s. 143(3)
Post by: bhaskar rao on December 17, 2011, 05:06:04 PM
Dear Sir,

What about 234B which will apply to difference on returned income and assessed income. I feel it has been held to be mandatory so if addition is made by learned A.O. then interest under section 234B is payable on difference between returned income and assessed income from 1st April to date of assessment.

Thanking you,

Yours faithfully,

Bhaskar Rao, ITP
Title: Re: Levy of interest U/s. 234C on Assessed Income U/s. 143(3)
Post by: B Natarajan on December 20, 2011, 07:01:38 PM
Interest u/s. 234B will be charged on the assessed tax as per order u/s. 143(3) less tax portion included in the self assessment tax as per section 140-A from 1st April of the Assessment Year to the date of completion of assessment.

Interest u/s. 234C is chargeable only on the returned income.

B Natarajan
Title: Re: Levy of interest U/s. 234C on Assessed Income U/s. 143(3)
Post by: sai prasad on December 29, 2011, 01:54:26 PM
sec.234C(1)(a)(i) and (b)(i) impose interest on the shortfall in payment of adv.tax instalment iwth reference to the tax due on the income returned. Explanation is also added to define what is tax due on the returned income and its calculation . Therefore,  tax on assessed income is not  covered in the said sec.