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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

Ness Technologies (India) P. Ltd., Navi Mumbai vs. The Addl/Jt/Asstt, /ITO, Nationa E-Assessment Centre, Delhi

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

ITA 1084/MUM/2021[2016-17]Status: DisposedITAT Mumbai25 Aug 2022AY 2016-17

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1084/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2016-17) Ness Digital Engineering बिधम/ The (India) Pvt. Ltd. Addl/Jt./Dy./Acit/Ito, Vs. (Formerly Known As Ness National E-Assessment Technologies (India) Pvt. Centre, Delhi. Ltd. Unit No. 201, 2Nd Office Floor, Building No. 5 & 6, Mindspace Sez, Thane Belapur Road, Airoli, Navi Mumbai-400708. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaca9649L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Devendra Jain Revenue By: Shri Samual Pitta (Dr) सुनवाई की तारीख / Date Of Hearing: 03/08/2022 घोषणा की तारीख /Date Of Pronouncement: 25/08/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order By The Assessing Officer (Ao)/(National E- Assessment Central. Delhi) Dated 19.04.2021 For The Assessment Year 2016-17 Passed U/S 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That The Sole Issue (Even Though The Assessee Has Raised Ground Nos. 1 To 8) Is Against The Action Of The Ao/Drp In Confirming The Transfer Pricing Adjustment (Tpa) Of Rs.73,69,403/- In Relation To International Transactions Of Reimbursement Of Expenses Received By The Assessee Company From Its Associate Enterprises (Ae).

For Appellant: Shri Devendra JainFor Respondent: Shri Samual Pitta (DR)
Section 115JSection 143(3)Section 144BSection 92C

delete the addition made on account of reimbursement expenses of Rs.73,69,403/-. 7. Ground nos. 9 & 10 relate to charging of interest u/s 234B of the Act, which are consequential in nature and does not require any specific adjudication. 8. Ground no. 11 relates to initiation of penalty proceedings