“interest u/s 234A”

InterestSection 234ASection 234A1,483 judgments

The decision most relied on for interest u/s 234A is CIT v. Ranchi Club Ltd. (247 ITR 209), cited in 21 judgments on BharatTax.

Leading authorities on interest u/s 234A

CIT v. Ranchi Club Ltd.

247 ITR 209 · 2001 · Supreme Court

citing judgments

Interest under sections 234A and 234B cannot be levied mechanically when there is a reasonable cause for delay in payment or response to notices.

ACIT v. Hans Raj Gandhi

37 ITR 418 · Reported

citing judgments

An assessee is entitled to the adjustment of seized cash against their advance tax liability. Consequently, no interest under sections 234A or 234B can be charged if the department fails to respond to the assessee's request for such an adjustment.

Judgments citing interest u/s 234A

Gnanasekaran, Cuddalore vs. ACIT, Central Circle-1(1), Chennai

Appeal of the assessee is partly allowed

ITA 1807/CHNY/2024[2015-16]Status: DisposedITAT Chennai21 Aug 2024AY 2015-16

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1807 & 1808/Chny/2024 िनधा"रण वष"/Assessment Years :2015-16 & 2016-17 Shri Gnanasekaran, The Assistant Commissioner 21, Thirowpathi Amman Koil Street , Vs. Of Income Tax, Cuddalore-607 002. Central Circle -1(1) Pan: Acvpg-5138-J Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri P.M.Kathir, AdvocateFor Respondent: Shri R.Clement Ramesh Kumar, CIT

Section 132Section 139(1)Section 153ASection 234A

Assessing Officer. For this, the assessee has raised the following ground :- “The CIT(A) erred in upholding the levy of interest u/s. 234A. He ought to have seen that the AO ought to have calculated interest only from the date of issuance of notice u/s. 153A till the filing ... Nos.1807 & 1808Chny/2024 The difference in demand payable is on account of computation of interest u/s 234A and 234B. The interest is chargeable for delay in filing the return of income as well for short payment of advancement tax. The chargeability of interest u/s 234A and 234B is mandatory for defaults

Kempapura Srinivasareddy Uday, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bengaluru

In the result, the appeal by the assessee is allowed for statistical purposes

ITA 754/BANG/2024[2017-18]Status: DisposedITAT Bangalore21 Aug 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2017-18

For Appellant: Shri Siddesh N. Gaddi, CAFor Respondent: Shri Satish M., CIT(DR)(ITAT), Bengaluru

Section 115BSection 132Section 139(1)Section 143(2)Section 153ASection 234ASection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY

Mahesh Chand, Faridabad vs. ITO Ward 1(5), Faridabad

In the result both the appeals being ITA no

ITA 1600/DEL/2024[2012-13]Status: DisposedITAT Delhi21 Aug 2024AY 2012-13

Bench: Shri Kul Bharat

Section 10Section 147Section 148Section 234ASection 249(4)(b)Section 250Section 69A

Assessee's total Income below the Maximum amount which was not chargeable to tax. 6 That the Ld. A.O. has erred in charging Interest U/s 234A, 234B and 234C. 7 That the above grounds are independent and without prejudice to each other. 8 That the appellant seeks leave

Mahesh Chand, Faridabad vs. ITO Ward 1(5), Faridabad

In the result both the appeals being ITA no

ITA 1599/DEL/2024[2011-12]Status: DisposedITAT Delhi21 Aug 2024AY 2011-12

Bench: Shri Kul Bharat

Section 10Section 147Section 148Section 234ASection 249(4)(b)Section 250Section 69A

Mayur Global Private Limited, Jaipur vs. ITO Ward 1(3), Jaipur

In the result, the appeal filed by the assessee is allowed

ITA 906/JPR/2024[2015-16]Status: DisposedITAT Jaipur20 Aug 2024AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri S.L. Jain (Adv.) &For Respondent: Smt. Monisha Choudhary (Addl.CIT)

Section 10(34)Section 10(38)Section 14ASection 154Section 234A

toto. 4. The ld. AO has grossly erred in law as well as on the facts of the case in charging the interest u/s 234A, B and C. The interest so charged is being totally contrary to the provision of law and on facts of the case and hence same

Sonu, Ganesh Chowk Mandir vs. Income Tax Officer, ITO Dausa

In the result, the appeal of the assesee is allowed for statistical purposes

ITA 802/JPR/2024[2012-2013]Status: DisposedITAT Jaipur20 Aug 2024AY 2012-2013

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri S.K. Gogra, CAFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR

Section 147Section 234A

same may please be held as illegal and unjustified and be set aside. 5. That the ld. AO has erred in levying of interest u/s 234A, 234B and 234C which being consequential in nature and may please be deleted.’’ 2.1 At the outset of hearing of the appeal, the Bench

Shivram Bairwa, Rajgarh Dausa vs. Income Tax Officer, ITO

ITA 801/JPR/2024[2012-13]Status: DisposedITAT Jaipur20 Aug 2024AY 2012-13

For Appellant: Shri S.K. Gogra, CAFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR

Section 147Section 234A

same may please be held as illegal and unjustified and be set aside. 5. That the ld. AO has erred in levying of interest u/s 234A, 234B and 234C which being consequential in nature and may please be deleted." 2.1 At the outset of hearing of the appeal, the Bench

Smt. Pashiben Prajapati Family Trust (Disc), Ahmedabad vs. The Income Tax Officer, Ward-3(3)(5), Ahmedabad

The appeal of the assessee is partly allowed in the manner as indicated above

ITA 305/AHD/2024[2021-22]Status: DisposedITAT Ahmedabad16 Aug 2024AY 2021-22

Bench: Ld. Cit(A) Has In-Turn Arisen From The Intimation Dated 07.12.2022 Issued By Cpc, Bengaluru, U/S.154(Cpc/2122/U5/ 314311772) Of The Act.

For Appellant: Shri Rupesh R Shah, AdvocateFor Respondent: Shri Sanjay Jain, Sr. D.R

Section 154Section 164(1)Section 250Section 80Section 80C

taxing the appellant at MMR is upheld. Accordingly, this ground of appeal is dismissed. 6.1 Further, the appellant contended the charging of interest u/s 234A, 234B and 234C of Rs.9,531/-, Rs.57,186/- and Rs.87,761/- respectively. 9 I.T.A No.305/Ahd/2024 A.Y. 2021-22 Page No. Smt, Pashiben Prajapati Familly Trust ... substantive ground of taxing at the MMR is dismissed, the consequential ground raised by the appellant on the ground of charging of interest u/s 234A, 234B and 234C is also dismissed 7. In the result, the appeal is dismissed.” 5. Aggrieved, the assessee filed second appeal before the Tribunal

Dheeraj Tolaram Talreja, Mumbai vs. Assistant Director of Income Tax, Mumbai

In the result, the appeal is allowed

ITA 3359/MUM/2024[2020-21]Status: DisposedITAT Mumbai14 Aug 2024AY 2020-21

Bench: Shri Amit Shukla & Shri Ratnesh Nandan Sahayassessment Year: 2020-21 Mr. Dheeraj Tolaram Income Tax Officer, Talreja International Taxation, A – 605, Ward 4(1)(1) Oberoi Esquire, Air India Building, Oberoi Garden City, Nariman Point, Vs. Goregaon East, Mumbai- 400021. Mumbai- 400063. Pan: Adopt3185J (Appellant) (Respondent)

For Appellant: Shri Anil Sant - Addl. CIT D.R

Section 139(1)Section 234Section 234ASection 234BSection 234CSection 250Section 5(1)Section 6(1)Section 6(6)Section 64

income u/s 139(1) of the Act and the Appellant did not comply with Rule 128 (9) of the Income-tax Rules, 1962: Interest u/s 234A of the Act, 7. erred in levying additional interest of Rs.2,51,195/- under section 234A of the Act: Interest u/s ... disallowed the relief of Rs.35,88,447/- claimed u/s. 90 of the Act and has also levied additional interest u/s. 234A, 234B and 234C of the Act amounting to Rs.12,67,712/- and the same was resulted into the payment of Rs.48,56,160/- as per the intimation u/s

Yogeshkumar Omprakash Agarwal, Borivali East vs. Ward 32(1)(7), Bkc Bandra

In the result, the appeal of the assesse bearing ITA No

ITA 3428/MUM/2024[2012-2013]Status: DisposedITAT Mumbai13 Aug 2024AY 2012-2013

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Anoop Hiwase, Sr.DR

Section 133(6)Section 143(3)Section 147Section 148Section 234ASection 250Section 271Section 68

several judgments cited before him. 3. In the facts and circumstances of the case and in law, the learned A.O. erred in levying interest u/s 234A, B, C and D & initiating penalty u/s 271[1][c].” 2. Brief facts of the case are that the assessee’s case was reopened

Makevale Acrylics Private Limited, Vadodara vs. The ADIT, CPC Bengaluru Present Juridiction the DCIT, Circle-2(1)(1), Vadodara

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 566/AHD/2023[2021-22]Status: DisposedITAT Ahmedabad12 Aug 2024AY 2021-22

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.566/Ahd/2023 "नधा"रण वष" /Assessment Year : 2021-22 Makevale Acrylics Pvt.Ltd. The Adit, Cpc Bengaluru बनाम/ 372, 373, 374, 1,2 Sankarda Present Jurisdiction - Bhadarwa Road The Dcit, Circle-2(1)(1), V/S. At Moxi, Tal.Savli, Vadodara – 390 007 Vadodara- 391 780 (Gujarat) "थायी लेखा सं./Pan: Aafcm 2737 E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms. Amrin Pathan, Ar Revenue By : Shri Ashok Natha Bhalekar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 08/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 12/08/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 27/05/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)” In Short] Arising Out Of The Assessment Order Dated 13/11/2022 Passed By The Assessing Officer (Ao) Under Section 143(1) Of The Income Tax Act, 1961 Makevale Acrylics Pvt.Ltd. Vs. The Adit, Cpc Bengaluru Present Jurisdiction The Dcit, Circle-2(1)1A) Asst. Year : 2021-22

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Ashok Natha Bhalekar, Sr.DR

Section 115BSection 115JSection 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)

Appellant on fallacious grounds. 11. The learned CT) erred in fact and in law in confirming the action of the AO in charging interest u/s 234A of the Act. 12. The learned CIT(A) erred in fact and in law in confirming the action of the AO in charging interest

Kapil Alcotech LLP, Aurangabad vs. Deputy Commissioner of Income Tax Circle - 1, Aurangabad

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 557/PUN/2024[2020-21]Status: DisposedITAT Pune09 Aug 2024AY 2020-21

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

For Appellant: Shri K P DewaniFor Respondent: Shri Pankaj Kumar

Section 143(2)Section 143(3)Section 250Section 250(1)Section 68Section 69C

bank account u/s 68 of I.T. Act, 1961 is illegal, invalid and bad in law. 13) The assessee denies liability to pay interest u/s 234A, 234B and 234C of I.T. Act, 1961. Without prejudice, levy of interest under section 234A, 234B and 234C of I.T. Act, 1961 is unjustified, unwarranted

Lks Bullion (Import and Export) Pvt.Ltd., Ahmedabad vs. The Income Tax Officer, Ward-2(1)(3), Ahmedabad

In the result, the appeal by Assessee is partly allowed

ITA 382/AHD/2022[2010-11]Status: DisposedITAT Ahmedabad08 Aug 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.382/Ahd/2022 "नधा"रण वष" /Assessment Year : 2010-11 L.K.S. Bullion (Import & The Income Tax Officer बनाम/ Export) Pvt.Ltd. Ward-2(1)(3) 368, Lks House, Ahmedabad – 380 014 V/S. Khetarpal-Ni-Pole Manek Chowk Ahmedabad -380 001 (Gujarat) "थायी लेखा सं./Pan: Aaacl 7369 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar Revenue By : Shri Alpesh Parmar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 05/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 08/08/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 27/08/2022 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 18/12/2017 By The Assessing Officer (Ao) Under Section 143(3) R.W.S. 147 Of The Income L.K.S. Bullion (Import & Export) Pvt.Ltd. Vs. Ito Asst. Year : 2010-11

For Appellant: Shri S.N. Soparkar, Sr.Advocate &For Respondent: Shri Alpesh Parmar, Sr.DR

Section 131Section 133(6)Section 143(1)Section 143(3)Section 148

facts in confirming action of AO taxing income u/s 115BBE though income is not chargeable u/s 68 of the Act. 6. Levy of interest u/s 234A/ 234B, 234C & 234D of the Act is unjustified. L.K.S. Bullion (Import and Export) Pvt.Ltd. vs. ITO Asst. Year : 2010-11 5 7. Initiation

Bharti Maind Nagri Sahakari Pat Sanstha, Yavatmal vs. Income Tax Office, National E Assessment, New Delhi

In the result, appeal filed by the assessee for the assessment year

ITA 160/NAG/2023[2020-21]Status: DisposedITAT Nagpur08 Aug 2024AY 2020-21

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri P.M. GandhiFor Respondent: Shri Kailash C. Kanojiya

Section 234ASection 80PSection 80P(2)(a)

addition or disallowances is eligible for deduction u/s 80P(2)(a)(i) of the Income Tax act'1961. 5) Interest u/s 234A, 234 B and 234 C of the Income Tax act '1961 being consequential in nature needs to be deleted. 6) Assessee craves leave to add, alter or amend ... addition or disallowances is eligible for deduction u/s 80P(2)(a)(i) of the Income Tax act'1961. 5) Interest u/s 234A, 234 B and 234 C of the Income Tax act '1961 being consequential in nature needs to be deleted. 6) Assessee craves leave to add, alter or amend

Bharti Maind Nagri Sahakari Pat Sanstha, Yavatmal vs. Income Tax Officer, National E Assessment, Yavatmal

In the result, appeal filed by the assessee for the assessment year

ITA 159/NAG/2023[2018-19]Status: DisposedITAT Nagpur08 Aug 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri P.M. GandhiFor Respondent: Shri Kailash C. Kanojiya

Section 234ASection 80PSection 80P(2)(a)

ACIT (Central)-1, Bhopal vs. Som Distilleries and Breweries Ltd., Bhopal

Appeal is partly allowed for statistical

ITA 297/IND/2023[2014-15]Status: DisposedITAT Indore08 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

Section 139(1)Section 143(2)Section 143(3)Section 14ASection 234A

kingly deleted. 4. That on the facts and in the circumstances of the case and in law, the levy of interest u/s 234A, 234B & 234C are unlawful and without jurisdiction hence the said levies be kindly cancelled. Ground No. 1: 5. In this ground, the assessee has challenged the disallowance ... disallowance is upheld and this ground is rejected. Ground No. 4: 16. In this ground, the assessee has challenged the levy of interest u/s 234A, 234B and 234C. The levy of interest u/s 234A, 234B and 234C is statutory as per provisions of Act. Further, no submission has been made

Som Distilleries and Breweries Ltd., Bhopal vs. ITO-1(1), Bhopal

Appeal is partly allowed for statistical

ITA 271/IND/2023[2013-14]Status: DisposedITAT Indore08 Aug 2024AY 2013-14

Section 139(1)Section 143(2)Section 143(3)Section 14ASection 234A

Mohammed Ali, Fatehpur vs. ITO Ward-2 Sikar, Sikar

In the result, the appeal of the assesee is allowed for statistical purposes

ITA 548/JPR/2024[2017-18]Status: DisposedITAT Jaipur07 Aug 2024AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Shrawan Kumar Gupta, AdvFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR

Section 115BSection 143(3)Section 234ASection 69A

full. 4. The ld. AO has grossly erred in law as well as on the facts of the case in charging the interest u/s 234A, B.C. The interest so charged is being totally contrary to the provision of law and facts of the case and hence same may kindly

Arrow Electronics India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bangalore

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 618/BANG/2024[2020-21]Status: DisposedITAT Bangalore05 Aug 2024AY 2020-21

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year: 2020-21

For Appellant: Sri Padam Chand Khincha, A.RFor Respondent: Ms. Neera Malhotra, D.R

Section 139(4)Section 139(9)Section 69C

assessee is also remitted to the file of ld. AO for fresh consideration. 9. Last ground No.5 is with regard to levy of interest u/s 234A, 234B & 234C of the Act, which is consequential and mandatory in nature. 10. We have heard the rival submissions and perused the materials available ... record. Levy of interest u/s 234A, 234B & 234C is consequential and mandatory in nature to be computed accordingly. 11. In the result, appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 5th Aug, 2024 (Chandra Poojari) Judicial Member Bangalore, Dated

Asst. Commissioner of Income Tax (Central)-I, Bhopal vs. Som Distilleries Private Limited, Bhopal

Appeal is partly allowed for statistical

ITA 289/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 139(1)Section 143(2)Section 143(3)Section 234A

kindly deleted. 3. That on the facts and in the circumstances of the case and in law the levy of interest u/s 234A, 234B & 234C are unlawful and without jurisdiction hence the said levies be kindly cancelled. Ground No. 1: 5. In this ground, the assessee has challenged ... Private Limited I.T.A. Nos. 272 & 289/Ind/2023 - A.Y. 2014-15 Ground No. 3: 7. In this ground, the assessee has challenged the levy of interest u/s 234A, 234B and 234C. The levy of interest u/s 234A, 234B and 234C is statutory as per provisions of Act. Further, no submission has been