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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

Sjlt Textiles Private Limited, Chennai vs. ACIT, Corp Cricle 6(2), Nungambakkam Chennai

In the result the appeal is partly allowed for statistical purposes

ITA 671/CHNY/2023[2017-18]Status: DisposedITAT Chennai12 Jun 2024AY 2017-18

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.671/Chny/2023 निर्धारण वर्ा /Assessment Years: 2017-18 Sjlt Textiles Private Limited Asst. Commissioner Of Income Tax, 2E Second Floor, Prince Arcade Corp Circle-6(2), Chennai. Cathedral Road, Chennai-86 [Pan: Aaics2028M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Ms.Sandyaarthi, Ca प्रत्यर्थी की ओर से /Respondent By : Shri Arv Srinivasan, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 04.06.2024 घोषणा की तारीख /Date Of Pronouncement : 12.06.2024

For Appellant: Ms.Sandyaarthi, CAFor Respondent: Shri ARV Srinivasan, Addl.CIT
Section 115BSection 250Section 69A

directed to, after determination of taxable income, allow eligible MAT credit as per law. 12.0 Ground of appeal No.12 qua levy of interest u/s 234B & 234C are consequential in nature and do not require any separate :- 7 -: adjudication. The assessing officer is directed to, after determination of taxable income, compute ... levy interest u/s 234B & 234C as per law. 13.0 In the result the appeal is partly allowed for statistical purposes. Order pronounced on 12th June, 2024 at Chennai. (यस यस ववश्वनेत्र रवव) (श्री अमिताभ शुक्ला) (SS Viswanethra Ravi) (Amitabh Shukla) न्याययक सदस्य / Judicial Member लेखा सदस्य /Accountant Member चेन्नई/Chennai

Krishan Gas Agency, Bangalore vs. Assisstant Commissioner of Income Tax, Circle-3 (2)(1), Bangalore

In the result, the appeal filed by assessee stands allowed for 11

ITA 540/BANG/2024[2017-18]Status: DisposedITAT Bangalore12 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeykrishan Gas Agency Acit, Circle - 3(2)(1) No. B-6, Gda Shopping Complex Bmtc Building, 80 Feet Road Mrcr Layout, Vijaya Nagar Vs. 6Th Block, Koramangala Bangalore 560040 Bengaluru 560095 Pan – Aaffk4416P (Appellant) (Respondent) Assessee By: Smt. Suman Lunkar, Ca Revenue By: Shri V. Parithivel, Jcit Date Of Hearing: 07.05.2024 Date Of Pronouncement: 12.06.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (‘Learned Cit(A)’) Dated 29.01.2024 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1060208638 (1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Learned Commissioner Of Income-Tax (Appeals) Has Erred In Partially Confirming The Order Passed By The Assessing Officer. The Appellate Order As Passed To The Extent Confirming He Assessment Order Is Bad In Law & Are Required To Be Quashed. 2. Without Prejudice, The Learned Cit(A) Has Erred In Partially Confirming The Addition Made By The Assessing Officer To The Extent

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri V. Parithivel, JCIT
Section 115BSection 143(3)Section 234BSection 250Section 68

under Section 115BBE of the 1.T. Act, being erroneous is to be deleted. 6. The Appellant denies the liability to pay interest u/s 234B and 234C of the Act. The interest having been levied erroneously is to be deleted. 7. In view of the above and other grounds

Daeseung Autoparts India Private Limited, Kancheepuram vs. ACIT (OSD), Chennai

The appeal stand partly allowed in terms of our above order

ITA 752/CHNY/2017[2012-13]Status: DisposedITAT Chennai04 Jun 2024AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.752/Chny/2017 (िनधा;रणवष; / Assessment Year: 2012-13) M/S. Daeseung Autoparts India Pvt. Ltd. Acit (Osd) Plot No,474, Mannur Village, Corporate Range-1, बनाम/ Vs. Valarpuram Post, Sriperumpudhur Taluk Chennai. Kanchipuram- 602 105. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccd-5629-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Vikram Vijayaraghavan (Advocate)- Ld. Ar " थ"कीओरसे/Respondent By : Shri G. Suresh (Jcit)- Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 28-05-2024 घोषणा की तारीख /Date Of Pronouncement : 04-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Vikram Vijayaraghavan (Advocate)- Ld. ARFor Respondent: Shri G. Suresh (JCIT)- Ld. Sr. DR
Section 143(3)Section 144C(5)Section 154Section 92C

brought forwards business loss. The set-off would be granted to the assessee in accordance with law. Ground No.21 & 22 qua interest u/s 234B & penalty proceedings is consequential in nature. 11. In Ground No.17 to 19, the assessee seeks allowance of foreign exchange loss on ECB loans utilized for purchase