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“interest u/s 234B”

InterestSection 234BSection 234B1,217 judgments

The decision most relied on for interest u/s 234B is DIT v. NGC Network Asia LLC (313 ITR 187), cited in 144 judgments on BharatTax.

Leading authorities on interest u/s 234B

DIT v. NGC Network Asia LLC
313 ITR 187 · 2009 · High Court
144
citing judgments

Where a duty is cast on the payer to deduct and pay tax at source under Section 195, the payee-assessee cannot be levied interest under Section 234B for failure to pay advance tax if the payer defaults on its TDS obligation. This principle may also extend to interest under Section 234C.

CIT v. Ranchi Club Ltd.
247 ITR 209 · 2001 · Supreme Court
21
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.

27th Nov., 2001 and Sedco Forex International Drilling Inc. v. Dy. CIT
72 ITD 415 · 2000 · ITAT
19
citing judgments

Interest under section 234B is not leviable if the entire income of the assessee is liable to tax deduction at source, irrespective of whether tax was actually deducted.

ACIT v. Hans Raj Gandhi
37 ITR 418 · Reported
14
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.

MBG Commodities (P.) Ltd. v. DCIT
163 ITD 130 · 2017 · ITAT
14
citing judgments

Interest under section 234B needs to be recalculated, affording the assessee a reasonable opportunity of hearing and considering judicial decisions.

CIT vs. Halliburton Offshore Services Inc. (2004) and CIT v. Reading and Bates Exploration Co.
278 ITR 47 · Reported
13
citing judgments

Interest under section 234 cannot be levied if the employer fails to deduct tax at source, as the employee should not be faulted for the employer's default.

Spice Infotainment v. Commissioner of Income
18 SCC 353 · 2020 · Reported
12
citing judgments

An assessment made in the name of a company that has been amalgamated and dissolved is null and void.

Entertainment Ltd. v. Commr. of Service Tar, (2011 SCC OnLine Del), CIT v. Dimension Apparels (P) Ltd.
2014 SCC OnLine DEL 7678 · 2014 · Reported
11
citing judgments

The court does not interfere with impugned judgments previously passed by the High Court in cases dealing with various aspects of income tax law.

Judgments citing interest u/s 234B

Income-Tax Officer, Ward-1, Udupi vs. The Hebri Vyavasaya Seva Sahakari Bank Niyamitha, Karkala

The appeal of the revenue is dismissed

ITA 1773/BANG/2024[2017-18]Status: DisposedITAT Bangalore18 Nov 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Prakash Chand Yadavassessment Year : 2017-18 The Income Tax Office, Vs. Hebri Vyavasaya Seva Ward - 1, Sahakari Sangha Ltd., Udupi. Kelapete, Hebri, Hebri Taluk – 576 112. Pan : Aaaat 3601 K Appellant Respondent Appellant By : Ms. Neha Sahay, Jcit(Dr), (Itat), Bengaluru. Respondent By : Shri Ramesh R. Uppin, Advocate Date Of Hearing : 12.11.2024 Date Of Pronouncement : 18.11.2024 O R D E R Per Laxmi Prasad Sahuthis Appeal Is Filed By The Revenue Against The Order Dated 31.05.2024 Of The Cit(Appeals), Din No. Itba/Nfac/S/250/2024- 25/1065299779(1) For The Ay 2017-18. 2. As Per Computation Of Income Of The Ao, The Net Tax Effect Before Interest U/S 234B, 234C & 234D In This Appeal Filed By The Revenue Is Rs.50,51,256/-. In View Of The Cbdt Circular No.5/2024 (F.No.279/Misc./M-742024-Itj Dated 15.03.2024 & Circular No.9/2024 Dated 17.09.2024) Revising The Monetary Limit Of Rs.60 Page 2 Of 2

For Appellant: Ms. Neha Sahay, JCIT(DR), (ITAT), BengaluruFor Respondent: Shri Ramesh R. Uppin, Advocate
Section 234B

ITBA/NFAC/S/250/2024- 25/1065299779(1) for the AY 2017-18. 2. As per computation of income of the AO, the net tax effect before interest u/s 234B, 234C & 234D in this appeal filed by the Revenue is Rs.50,51,256/-. In view of the CBDT Circular No.5/2024 (F.No.279/Misc./M-742024-ITJ dated

M/S Gymkhana Club, Panchkula vs. ITO, W-3, Panchkula

In the result, the appeal of the assessee is allowed

ITA 1305/CHANDI/2018[2009-10]Status: DisposedITAT Chandigarh28 Oct 2024AY 2009-10

Bench: Shri A.D.Jain, Vice Prersident & Shri Vikram Singh Yadavआयकर अपील सं./Ita No 1305/Chd/2018 िनधा"रण वष" / Assessment Year : 2009-10 M/S Gymkhana Club, Vs The Ito, Sector 6, Ward-3, Panchkula. Panchkula. "थायी लेखा सं./Pan No: Aaaag0115B अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रती क" ओर से/Assessee By: Shri S.K.Mukhi, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Jcit, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 07.10.2024 उदघोषणा क" तारीख/Date Of Pronouncement : 28/10/2024 Physical Hearing आदेश/Order Per Vikram Singh Yadav,A.M.

For Appellant: Shri S.K.Mukhi, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT, Sr.DR
Section 234B

unjustified, erroneous, perverse and against the facts of the present case and judicial pronouncements as the appellant disputes the very levy of the interest u/s 234B of the Income Tax Act, 1961 as bad in law. 4. That the appellant craves leave to add, amend and delete ... record. Firstly, regarding maintainability of appeal arising out of appeal effect order so passed by the AO whereby the AO has levied interest u/s 234B of the Act, we find that where the assessee disputes the chargeability of such interest as emanating from the order so passed