“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

DCIT, Circle-6, Jaipur, Ncrb vs. Amit Gupta, Taruchhaya Nagar, Jaipur

In the result, both the appeals of the department are dismissed

ITA 679/JPR/2023[2019-20]Status: DisposedITAT Jaipur26 Apr 2024AY 2019-20

Bench: The Due Date Of Filing Of Return For The Purpose Of Seeking Foreign Tax Credit Is A Mandatory Condition. 3. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Allowing The Foreign Tax Credit Amount Of Rs.64,00,660/- Without Appreciating The Fact That The Assessee Neither Filed Return Nor Form 67 For Claiming Foreign Tax Credit Within Due Date Prescribed For The Relevant Year Which Is Due Date Prescribed For The Relevant Year Which Is In Contravention To The Provisions Of The Act.

For Appellant: Shri Rohan Sogani, CA &For Respondent: Shri A.S. Nehra, Addl. CIT-DR

Section 139(4)Section 140ASection 143(1)Section 234ASection 90Section 91

Bangaluru and order dated 19/03/2021 was passed wherein aggregate tax liability was enhanced by levying Interest u/s 234A,234B & 234C of the Act of Rs. 27,70,510/- by disallowance of Foreign Tax Credit (FTC) u/s 90/91 of the Act of Rs. 64,00,660/-, 4 DCIT, CIRCLE -6, JAIPUR

Kamal Dewan, Jaipur vs. ITO Ward 2(3), Jaipur

In the result, the appeal of the assesee is partly allowed

ITA 135/JPR/2024[2017-18]Status: DisposedITAT Jaipur22 Apr 2024AY 2017-18

For Appellant: Shri Sharwan Kumar Gupta, AdvFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR

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

full. 5. 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 on facts of the case and hence same

Arvind Kumar Nehra, Jaipur vs. ITO Ward 7(1), Jaipur

ITA 32/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Apr 2024AY 2017-18

For Appellant: Shri S.L. Jain,AdvFor Respondent: Shri A.S. Nehra, Addl. CIT-DR

Section 115BSection 143Section 144Section 234A

full. 5. 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 provisions of law and on facts of the case and hence same

Anshuman Sinha, Jaipur vs. ACIT Circle -1, Jaipur

In the result, both appeals of the assesee are allowed

ITA 733/JPR/2023[2010-2011]Status: DisposedITAT Jaipur10 Apr 2024AY 2010-2011

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA, AM vk;dj vihy la-@ITA No. 733 & 739/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2010-11 Shri Anshuman Singh E-172A, Uttam Tower, Ramesh Marg C-Scheme, Jaipur cuke Vs. The ACIT Circle-1 Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AOUPS 4969 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri S.L. Jain ,Adv Shri Ashok Kumar Gupta, Adv Shri Shrawan Kumar Gupta, Adv jktLo dh vksj ls@Revenue by: Shri A.

For Appellant: Shri S.L. Jain ,AdvFor Respondent: Shri A.S. Nehra, Addl. CIT-DR

Section 147Section 151Section 234ASection 271(1)Section 271(1)(c)

attendance. 6. The Id. 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

Shri. Ramesh Bhat, Mangalore vs. Income-Tax Officer, Ward-2(4), Mangalore

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

ITA 232/BANG/2024[2017-18]Status: DisposedITAT Bangalore10 Apr 2024AY 2017-18

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2017-18

For Appellant: Sri Srinivas Kamath, A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Revenue

Section 143(1)Section 234ASection 234BSection 234CSection 250

Ramesh Bhat, Mangalore Page 2 of 3 5. On the facts and circumstances of the case, the assessing officer erred in levying interest u/s 234A of Rs.21,460, u/s 234B of Rs.1,28,760 and u/s 234C of Rs.27,094. 6. Your appellant craves for leave to add, to delete

East Bridge Capital Master Fund I Limited, Mumbai vs. Deputy Commissioner of Income Tax (International Tax)-2(2)(1), Mumbai

In the result, appeal of the Assessee is partly allowed

ITA 2976/MUM/2023[2020-21]Status: DisposedITAT Mumbai10 Apr 2024AY 2020-21

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआ.अ.सं.2976 2976/मुं/2023 (िन.व. 2020-2021) 2976 2976 East Bridge Capital Master Fund I Ltd. C/O. Ernst & Young Llp, 17Th Floor, The Ruby, 29Th Senapati Bapat Marg, Dadar West, Mumbai – 400 028 ...... अपीलाथ"/Appellant Pan:Aaece8814F बनाम Vs.

For Appellant: S/Shri Madhur Agarwal & Fenil Bhatt, AdvocatesFor Respondent: Shri Ajay Kumar Sharma, CIT (DR)

Section 111ASection 143(3)Section 234BSection 70(2)

filed its return of income electronically on 4.2.2021, that is well within the extended time. Hence, the Assessee is not liable to pay interest u/s. 234A of the Act. 6. Per contra, Shri Ajay Kumar Sharma representing the Department, vehemently defended the impugned assessment order and direction ... no.5 & 6 of appeal are consequential, hence, require no separate adjudication. 11. In ground no.7 of appeal, the Assessee has assailed charging of interest u/s 234A of the Act. Taking into consideration the facts narrated by the ld. Counsel for the Assessee, we deem it appropriate to restore this issue

Pankaj Bansal, Gurgaon vs. ACIT Central Circle-II, Faridabad

In the result, the appeal of the assessee is allowed

ITA 858/DEL/2023[2013-14]Status: DisposedITAT Delhi10 Apr 2024AY 2013-14

Bench: Shri Kul Bharat & Shri M. Balaganeshshri Pankaj Bansal, Vs. Acit, 103B, The Aralias, Dlf Central Cirle-2, Gold Link, Dlf City, Faridabad Phase-V, Gurgaon, Haryana (Appellant) (Respondent) Pan:Anhpb5602R Assessee By : Shri Gautam Jain, Adv Shri Lalit Mohan, Ca Shri Parth Singhal, Adv Revenue By: Ms. Nimisha Singh, Cit Dr Date Of Hearing 02/04/2024 Date Of Pronouncement 10/04/2024

For Appellant: Shri Gautam Jain, AdvFor Respondent: Ms. Nimisha Singh, CIT DR

Section 139(1)Section 143(1)Section 143(3)Section 154Section 234ASection 234BSection 234CSection 44A

audited u/s 44AB of the Act" is factually incorrect, legally misconceived and wholly untenable. 1.3 That also the conclusion that "AO has charged interest u/s 234A,B,C of the Act while passing the order u/s 143(3) of the Act for the year under consideration in the case ... This return was processed by the ld CPC u/s 143(1) of the Act on 28.04.2014 accepting the return of income but interest u/s 234A of the Act in the sum of ₹22,35,232/- was charged together with few modifications in calculation of interest u/s 234B and 234C

Sarita Gupta, Saharanpur vs. ITO Ward 3(3)(5) Saharanpur, Saharanpur

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

ITA 3822/DEL/2023[2015-16]Status: DisposedITAT Delhi10 Apr 2024AY 2015-16

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2015-16

For Appellant: Shri Vivek Bansal, AdvocateFor Respondent: Shri Anuj Garg, Sr. DR

penalty notice may be held invalid. 9. That under the facts and circumstances of the case and in law the levy of interest u/s 234A, 234B and 234C of the Act is contrary to law and may be deleted. 10. That each of the above grounds is independent

Yards N Yields Infratech Pvt. Ltd., Noida vs. DCIT, Circle- 27(1), New Delhi

Appeal of the assessee is allowed for statistical purposes

ITA 4378/DEL/2019[2013-14]Status: DisposedITAT Delhi10 Apr 2024AY 2013-14

Bench: Shri Kul Bharat & Shri M. Balaganeshassessment Year: 2013-14

Section 143(3)Section 144Section 234ASection 37(1)Section 40

being the actual amount paid to builders against various booking of flats. 11. That the appellant denies its liability to be charged with interest u/s 234A, 234Band 234D respectively.” 2. Facts, in brief, are that for A.Y. 2013-14 the assessee filed its return of income declaring total income

Income Tax Officer, Ward-11(1), Hyderabad, Kondapur Hyderabad vs. Sangam Wires, Kalaburagi

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

ITA 371/HYD/2023[2021-22]Status: HeardITAT Hyderabad08 Apr 2024AY 2021-22

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.356/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2021-22) Sangam Wires Vs. Income Tax Officer Hyderabad Ward 11(1 Pan:Acnfs5309K Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.371/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2021-22) Income Tax Officer Vs. Sangam Wires Ward 11(1 Hyderabad Hyderabad Pan:Acnfs5309K (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M Chandramouleswara Rao, Ca राज" व "ारा/Revenue By:: Smt. T.H Vijaya Lakshmi,Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 20/03/2024 घोषणा की तारीख/Pronouncement: 08/04/2024 आदेश/Order

For Appellant: Shri M Chandramouleswara Rao, CAFor Respondent: : Smt. T.H Vijaya Lakshmi,CIT(DR)

Section 133(6)Section 143(1)(a)Section 143(2)

learned CIT (A) NFAC should be upheld and the grounds raised by the Revenue be dismissed. 14. So far as the levy of interest u/s 234A is concerned, the learned Counsel for the assessee submitted that the assessee has filed the return before the due date and therefore, interest u/s ... Sangam Wires Hyderabad by the Hon'ble Supreme Court in SLP No.769/2007 order dated 16.01.2017. 16.1 So far as levy of interest u/s 234A is concerned, he submitted that the same is mandatory and consequential. 17. We have heard the rival arguments made by both the sides, perused the orders

Sangam Wires, Hyderabad vs. ITO., Ward-11(1), Hyderabad

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

ITA 356/HYD/2023[2021-22]Status: HeardITAT Hyderabad08 Apr 2024AY 2021-22

For Appellant: Shri M Chandramouleswara Rao, CAFor Respondent: : Smt. T.H Vijaya Lakshmi,CIT(DR)

Section 133(6)Section 143(1)(a)Section 143(2)

Indresh Nagar, Ghaziabad vs. ITO Ward 1(5), Gautambudh Nagar

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

ITA 1545/DEL/2023[2011-2012]Status: DisposedITAT Delhi08 Apr 2024AY 2011-2012

Bench: Shri Shamim Yahya & Shri Yogesh Kumar U.S.Indresh Nagar, Vs. Ito, Ward 1 (5), C/O Sanjeev Anand & Associates, Noida. 136, Navyug Market, Ghaziabad – 201 001 (Uttar Pradesh). (Pan : Ajspn8423B) (Appellant) (Respondent) Assessee By : Shri Sumit Gupta, Ca Revenue By : Ms. Indu Bala Saini, Sr. Dr Date Of Hearing : 03.04.2024 Date Of Order : 08.04.2024

For Appellant: Shri Sumit Gupta, CAFor Respondent: Ms. Indu Bala Saini, Sr. DR

Section 144Section 147Section 234A

erred in law and on facts of the case in not reversing the action of Ld. AO in charging interest u/s 234A and 234B of the Act.” 3. In this case, Assessing Officer in an ex-parte order made addition of cash deposit in the bank amounting to Rs.1

Ge Healthcare Finland Oy(Formerly Known As Instrumentarium Corporation Ltd, Bangalore vs. Dy. Director of Income Tax (International Taxation -1(1), Kolkata

In the result, all the two appeals of the assessee are allowed in part

ITA 311/KOL/2021[2007-08]Status: DisposedITAT Kolkata05 Apr 2024AY 2007-08

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal]

Section 144Section 148Section 234ASection 250Section 9Section 92Section 92C

I.T.A. Nos.310&311/Kol/2021 Assessment Years: 2005-06 & 2007-08 GE Healthcare Finland Oy 10. Ground No.5 : The assessee has contested charging of interest u/s 234A and 234B of the Act on the ground that it was not liable to pay advance tax. Reliance has been placed on the decision

Ge Healthcare Finland Oy(Formerly Known As Instrumentarium Corporation Ltd, Bangalore vs. Dy. Director of Income Tax (International Taxation -1(1), Kolkata

In the result, all the two appeals of the assessee are allowed in part

ITA 310/KOL/2021[2005-06]Status: DisposedITAT Kolkata05 Apr 2024AY 2005-06

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal]

Section 144Section 148Section 234ASection 250Section 9Section 92Section 92C

Aasmeen, Noida vs. Income Tax Officer, Noida

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

ITA 277/DEL/2024[2015-2016]Status: DisposedITAT Delhi02 Apr 2024AY 2015-2016

Bench: Dr. B. R. R. Kumar

For Appellant: Sh. Sumit Gupta, CAFor Respondent: Sh. Om Parkash, Sr. DR

Section 144Section 147Section 234ASection 57

erred in law and on facts of the case in not reversing the action of Ld. AO in charging interest u/s 234A, 234B and 234C of the Act.” 3. On going through the record, it is found that the ld. CIT(A) has summarily confirmed the order of the Assessing

Liyakat, Noida vs. Income Tax Officer, Noida

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

ITA 276/DEL/2024[2015-2016]Status: DisposedITAT Delhi02 Apr 2024AY 2015-2016

Bench: Dr. B. R. R. Kumar

For Appellant: Sh. Sumit Gupta, CAFor Respondent: Sh. Om Parkash, Sr. DR

Section 144Section 147Section 234ASection 57

Thikariya Gram Sewa Sahkari Samiti Ltd, Thikariya vs. AO Cpcito Ward Sikar, Sikar

In the result, both the appeals filed by the assessee are allowed

ITA 772/JPR/2023[2018-19]Status: DisposedITAT Jaipur27 Mar 2024AY 2018-19

For Appellant: Shri Shrawan Kumar Gupta AdvocateFor Respondent: Mrs. Monisha Choudhary, Addl. CIT

Section 143(1)Section 234ASection 80P

deleted in 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, 234B & 234C of the Act. The interest so charged is being totally contrary to the provisions of law and on facts of the case ... 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, 234B & 234C of the Act. The interest so charged is being totally contrary to the provisions of law and on facts of the case

Sri. Panati Vinaykumar, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-4(3)(4), Bengaluru

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

ITA 68/BANG/2024[2019-2020]Status: DisposedITAT Bangalore27 Mar 2024AY 2019-2020

Bench: Smt. Beena Pillai & Sri Laxmi Prasad Sahuassessment Year: 2019-20

For Appellant: Ms. Sunaiana Bhatia, A.RFor Respondent: Shri Subramanian S., D.R

Section 143Section 143(1)(a)Section 234ASection 250Section 36Section 36(1)(va)Section 44A

Without prejudice to the right to seek waiver with the Hon’ble CCIT/DG, the appellant denies himself liable to be charged to interest u/s 234A, 234B and 234C of the Act, as computed in the intimation u/s.143[1] of the Act, which under the facts and in the circumstances

Sureshchandra Seksaria HUF, Mumbai vs. ITO Ward 17(3)(4), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 531/MUM/2024[2012-13]Status: DisposedITAT Mumbai22 Mar 2024AY 2012-13

Bench: Shri Amit Shukla, Hon’Ble & Shri S Rifaur Rahman, Hon’Ble

Section 139(1)Section 143(3)Section 147Section 148Section 234ASection 250Section 69Section 69C

appellant on 9th October, 2023. 1.3 The appellant prays that the addition of Rs. 13,73,563 to be deleted. II LEVY OF INTEREST U/S 234A Rs. 3,352 2.1 On the facts and circumstances of the case and in law, the learned CIT(A) erred in failing to decide ... ground for incorrect levy of interest u/s 234A despite detailed submissions made by the appellant during the appellate proceedings. 2.2 In doing so, the learned CIT(A) failed to appreciate the fact that the return of income was filed before the due date prescribed u/s 139(1) and there

Villuri Varaha Venkata Srinu Rama Nageswara Rao(HUF), Anakapalle vs. Assistant Commissioner of Income Tax, Circle-1(1), Visakhapatnam

In the result, appeal of the assessee is allowed for statistical purpose

ITA 305/VIZ/2023[2016-17]Status: DisposedITAT Visakhapatnam21 Mar 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.305/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2016-17) V.V.V.Srinu Rama Nageswara Rao Vs. Asst. Commissioner Of (Huf) Income Tax Flat No.201, Nk Grand, 5Th Line Circle-1(1) Siemon Nagar, Kurmanapalem Visakhapatnam Visakhapatnam [Pan : Aaihv5758A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Dr.Aparna Villuri, DR

Section 143(3)Section 154Section 234ASection 234BSection 234CSection 3

Rs.62,88,036/-. Later, the AO passed one rectification order u/s 154 of the Act on 10.10.2022, wherein, the AO computed the interest u/s 234A at Rs.13,23,797/-, interest of Rs.11,64,971/- u/s 234B and interest of Rs.1,33,879/- u/s 234C of the Act aggregating