← All Phrases

“interest u/s 234C”

InterestSection 234CSection 234C252 judgments

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

Leading authorities on interest u/s 234C

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.

Judgments citing interest u/s 234C

Poonam Bajaj, Delhi vs. DCIT, New Delhi

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

ITA 856/DEL/2022[2016-17]Status: DisposedITAT Delhi30 Nov 2023AY 2016-17

Bench: SHRI M. BALAGANESH (Accountant Member), MS. ASTHA CHANDRA (Judicial Member)

For Appellant: Shri Ved Jain, Adv. and Shri Aman Garg, AdvFor Respondent: Shri P N Barnwal, CIT(DR)
Section 124Section 142(1)Section 143Section 143(2)Section 153ASection 153D

challenging the interest u/s 234B of the Act which is consequential in nature and does not require any specific adjudication. With regard to interest u/s 234C of the Act, the law is very well settled that the same shall be charged only on the returned income

Srf Limited, Delhi vs. ACIT, Circle- 1, Ltu, New Delhi

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

ITA 6252/DEL/2019[2015-16]Status: DisposedITAT Delhi20 Nov 2023AY 2015-16

Bench: Shri N.K.Billaiya & Shri Kul Bharat[Assessment Year : 2015-16] Srf Limited, Vs Acit, The Galleria, Dlf Mayur Vihar, Circle-1, Ltu, Unit No.236 & 237, Second Floor, New Delhi. Mayur Place, Noida Link Road, Mayur Vihar, Phase-I Extn., Delhi-110091. Pan-Aaacs0206P Appellant Respondent Appellant By Shri Pradeep Dinodia, Ca, Shri R.K.Kapoor, Adv. & Shri Harish Dhamija, Adv. Respondent By Shri Subhra Jyoti Chakraborty, Cit Dr Date Of Hearing 26.10.2023 Date Of Pronouncement 20.11.2023 Order

Section 115JSection 143(3)Section 234CSection 250(6)Section 271(1)(c)Section 35

mechanically and without recording any satisfaction for its initiation. 9. That the Ld. A.O has erred in law in charging interest u/s 234C and 234D of the Act on wholly illegal and untenable grounds.  The above grounds are without prejudice to each other.  The Appellant craves leave to alter, amend ... initiation of penalty 15. proceedings which is pre-mature hence, dismissed. 16. Ground No.9 raised by the assessee is against the charging of interest u/s 234C & 234D of the Act, is consequential in nature, needs no separate adjudication, hence dismissed. 17. Ground Nos.4 & 6 raised by the assessee are inter

Sumit Sinha, Thane vs. Assistant Director of Income Tax, CPC, Bengaluru

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

ITA 2578/MUM/2023[2019-20]Status: DisposedITAT Mumbai02 Nov 2023AY 2019-20

Bench: Shri B.R. Baskaran (Am) & Shri Narender Kumar Choudhry (Jm)

Section 139(1)Section 154Section 234BSection 234CSection 90

prayed that the AO may be directed to charge the same on returned income. Accordingly, we direct the AO to ensure that the interest u/s 234C is charged on returned income. 2 Sumit Sinha 2. With regard to the first issue, the Ld A.R submitted that the assessee

ACIT, Circle- 25(1), New Delhi vs. Tata Power Delhi Distribution Ltd. (Formely Known As North Delhi Power Ltd.), New Delhi

In the result, both the appeals of the assessee are partly allowed for statistical purposes and both the appeals of the revenue are dismissed

ITA 4454/DEL/2017[2012-13]Status: DisposedITAT Delhi05 Oct 2023AY 2012-13

Bench: Shri Kul Bharat & Shri M. Balaganesh

For Appellant: Ms. Shashi M. Kapila, AdvFor Respondent: Sh. Subhra Jyoti Chakraborty, CIT DR
Section 115JSection 143(3)Section 801A

raised by the assessee is regarding chargeability of interest u/s 234B of the Act which would be consequential in nature. As far as interest u/s 234C of the Act is concerned, we make it clear that the same should be charged only on the returned income

ACIT, Circle- 25(1), New Delhi vs. Tata Power Delhi Distribution Ltd. (Formely Known As North Delhi Power Ltd.), New Delhi

In the result, both the appeals of the assessee are partly allowed for statistical purposes and both the appeals of the revenue are dismissed

ITA 4453/DEL/2017[2011-12]Status: DisposedITAT Delhi05 Oct 2023AY 2011-12

Bench: Shri Kul Bharat & Shri M. Balaganesh

For Appellant: Ms. Shashi M. Kapila, AdvFor Respondent: Sh. Subhra Jyoti Chakraborty, CIT DR
Section 115JSection 143(3)Section 801A

raised by the assessee is regarding chargeability of interest u/s 234B of the Act which would be consequential in nature. As far as interest u/s 234C of the Act is concerned, we make it clear that the same should be charged only on the returned income

Tata Power Delhi Distribution Ltd., Delhi vs. DCIT, Circle-25(1), Delhi

In the result, both the appeals of the assessee are partly allowed for statistical purposes and both the appeals of the revenue are dismissed

ITA 4098/DEL/2017[2012-13]Status: DisposedITAT Delhi05 Oct 2023AY 2012-13

Bench: Shri Kul Bharat & Shri M. Balaganesh

For Appellant: Ms. Shashi M. Kapila, AdvFor Respondent: Sh. Subhra Jyoti Chakraborty, CIT DR
Section 115JSection 143(3)Section 801A

raised by the assessee is regarding chargeability of interest u/s 234B of the Act which would be consequential in nature. As far as interest u/s 234C of the Act is concerned, we make it clear that the same should be charged only on the returned income

Tata Power Delhi Distribution Ltd., Delhi vs. DCIT, Circle-25(1), Delhi

In the result, both the appeals of the assessee are partly allowed for statistical purposes and both the appeals of the revenue are dismissed

ITA 4097/DEL/2017[2011-12]Status: DisposedITAT Delhi05 Oct 2023AY 2011-12

Bench: Shri Kul Bharat & Shri M. Balaganesh

For Appellant: Ms. Shashi M. Kapila, AdvFor Respondent: Sh. Subhra Jyoti Chakraborty, CIT DR
Section 115JSection 143(3)Section 801A

raised by the assessee is regarding chargeability of interest u/s 234B of the Act which would be consequential in nature. As far as interest u/s 234C of the Act is concerned, we make it clear that the same should be charged only on the returned income

Security Printing and Minting Corporation of India Limited, Delhi vs. ACIT, Circle 22(2), New Delhi

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

ITA 1117/DEL/2023[2019-20]Status: DisposedITAT Delhi20 Sept 2023AY 2019-20

Bench: Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Y.K. Mahagan, AdvFor Respondent: Shri Anuj Garg, Sr.DR
Section 139(1)Section 143(1)Section 234CSection 244ASection 36(1)(va)Section 40A(9)Section 43B

partakes the character of basic tax refund due till it's release. 6. (v) The Ld. AO has erred in law by charging interest u/s 234C on leave encashment provision not offered to tax in original return being highly debatable issue in favour till settled by Hon'ble Apex Court

T.C. Healthcare Pvt Ltd., Meerut vs. ACIT, Circle-25(1), New Delhi

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

ITA 528/DEL/2023[2017-18]Status: DisposedITAT Delhi29 Aug 2023AY 2017-18

Bench: Allowing

Section 115JSection 143(3)Section 234CSection 89Section 90Section 90ASection 91

hereinafter referred to as ‘the Act’) on 25/12/2019. 2. The only issue to be decided in this appeal is as to whether the interest u/s 234C of the Act could be charged before allowing MAT Credit u/s 115JAA of the Act or not . 3. We have heard the rival submissions ... Rs.4,11,660/- was raised thereon. In the tax computation sheet forming part of the assessment order, the ld. AO had charged interest u/s 234C of the Act for Rs 5,65,652/-. This was charged by considering the assessed tax before allowing MAT Credit u/s 115JAA

Shri Gopal Soni, Bikaner vs. ACIT, Circle-1, Bikaner

In the result the appeal filed by the assessee is allowed

ITA 383/JODH/2018[2014-15]Status: DisposedITAT Jodhpur11 Aug 2023AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripoteshri Gopal Soni Prop Vs. The Acit, Circle – 1 Durga Silver Home Bikaner. Katla Chowk Nokha Rajasthan. Bikaner-334803, Rajasthan. Pan/Gir No. : Aemps5097M Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 11.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals), Bikaner Passed U/S 154 & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair, JCIT -DR
Section 115BSection 133ASection 143(1)Section 154Section 234CSection 69

this case. He has erred in to do so. 3. On the fact & circumstances of the case Ld.AO has erred in charging Interest u/s 234C it should be deleted. 4. That the appellant craves leave to add, alter, amend, substitute modify or delete any of the grounds here in above

Shree Cement Limited, Beawar vs. Deputy Commissioner of Income Tax, Ajmer

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

ITA 152/JPR/2023[2014-15]Status: DisposedITAT Jaipur07 Aug 2023AY 2014-15

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vijay Shah, CAFor Respondent: Shri Arvind Kumar, CIT
Section 115JSection 250Section 32(1)(ii)Section 80Section 80I

profit on sale of investment Rs. 83,31,72,239/-) while computing book profit u/s 115JB of the Act. - Excess levy on interest u/s 234C (Rs. 2,55,24,706/-) - Short Grant of TDS )Rs. 22,947/-) Shree Cement Limited, Beawar. Aggrieved by the order of AO, the assessee preferred

Al- Dua Food Processing Pvt. Ltd., Aligarh vs. DCIT, Central Circle, Ghaziabad

In the result, the appeals in ITA No

ITA 8258/DEL/2018[2016-17]Status: DisposedITAT Delhi27 Jul 2023AY 2016-17
Section 132Section 142(1)Section 143(2)Section 153ASection 154ASection 155ASection 234CSection 80I

CITIA) has erred in confirming levying interest us 2348 of the Act. (6) Because the Ld CITIA) has erred in confirming levying interest u/s 234C of the Act. (7) Because the order appealed against is contrary to the facts, law and principles of natural justice. The appellant craves leave

Al- Dua Food Processing Pvt. Ltd., Aligarh vs. DCIT, Central Circle, Ghaziabad

In the result, the appeals in ITA No

ITA 8257/DEL/2018[2015-16]Status: DisposedITAT Delhi27 Jul 2023AY 2015-16
Section 132Section 142(1)Section 143(2)Section 153ASection 154ASection 155ASection 234CSection 80I

CITIA) has erred in confirming levying interest us 2348 of the Act. (6) Because the Ld CITIA) has erred in confirming levying interest u/s 234C of the Act. (7) Because the order appealed against is contrary to the facts, law and principles of natural justice. The appellant craves leave

Al- Dua Food Processing Pvt. Ltd., Aligarh vs. DCIT, Central Circle, Ghaziabad

In the result, the appeals in ITA No

ITA 8256/DEL/2018[2014-15]Status: DisposedITAT Delhi27 Jul 2023AY 2014-15
Section 132Section 142(1)Section 143(2)Section 153ASection 154ASection 155ASection 234CSection 80I

CITIA) has erred in confirming levying interest us 2348 of the Act. (6) Because the Ld CITIA) has erred in confirming levying interest u/s 234C of the Act. (7) Because the order appealed against is contrary to the facts, law and principles of natural justice. The appellant craves leave

Al- Dua Food Processing Pvt. Ltd., Aligarh vs. DCIT, Central Circle, Ghaziabad

In the result, the appeals in ITA No

ITA 8255/DEL/2018[2013-14]Status: DisposedITAT Delhi27 Jul 2023AY 2013-14
Section 132Section 142(1)Section 143(2)Section 153ASection 154ASection 155ASection 234CSection 80I

CITIA) has erred in confirming levying interest us 2348 of the Act. (6) Because the Ld CITIA) has erred in confirming levying interest u/s 234C of the Act. (7) Because the order appealed against is contrary to the facts, law and principles of natural justice. The appellant craves leave

Piramal Enterprises Limited, Mumbai vs. DCIT, CPC, Bangalore

In the result, the appeal by the assessee is allowed

ITA 1293/MUM/2023[2017-2018]Status: DisposedITAT Mumbai19 Jul 2023AY 2017-2018

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Ronak Doshi a/wFor Respondent: Shri Ashok Kumar Ambartha
Section 115JSection 143(1)Section 154Section 234CSection 234C(1)Section 250

adjustment to income made u/s 143(1). 3. The ld. CIT(A) failed to appreciate and ought to have held that: i. No interest u/s 234C of the Act is leviable in the Appellant's case in view of clause (a) to the First Proviso of Section 234C

Shushilaben Pratapbhai Thakor, Na vs. Arivs.Income Tax Officer, Ward - 5, Navsari

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

ITA 259/SRT/2023[2012-13]Status: DisposedITAT Surat07 Jul 2023AY 2012-13

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.259/Ahd/2023 (A.Y. 2012-13) (Hearing In Physical Court) Shushilaben Pratapbhai Thakor Income Tax Officer, 6, Shiv Jal, Shailesh Park Ward-5, Navsari, Room Vs Society, Gandevi Road, Navsari- No.204, 2Nd Floor, Aayakar 396445 Bhawan, Near Char Pool, Pan : Adept 7623 H Police Choki, Navsari- 396445 अपीलाथ"/Appellant ""यथ" /Respondent

Section 143(3)Section 234ASection 234BSection 234CSection 234DSection 249(2)Section 254(1)Section 54B

Assessing Officer erred in charging interest u/s 234B of the Act. (c) The Assessing Officer erred in charging interest u/s 234C of the Act. (d) The Assessing Officer erred in charging interest u/s 234D of the Act. (e) The appellant craves leave to add, alter or vary

Dy. Comm of Income Tax-Central Circle 6(3), Mumbai vs. Beil Infrastructure, Gujarat

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 1950/MUM/2022[2015-16]Status: DisposedITAT Mumbai30 Jun 2023AY 2015-16

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantvk-Vk-La- 586@Eaqcbz@2017 ¼Fu-Oa- 2012&13½ Beil Infrastructure Limited (Earlier Known As Bharuch Enviro Infrastructure Limited) Plot No.9701-16, Gidc Estate, Ankleshwar Gujarat-393 002 ..... Vihykfkhz/Appellant Pan No. Aaacb8075F Cuke Vs. Deputy Commissioner Of Income Tax, Cc-6(3) Room No. 1903, 19Th Floor, Air India Building, Nariman Point ..... Izfroknh/Respondent Mumbai-400 021 Vk-Vk-La- 400@Eaqcbz@2017 ¼Fu-Oa- 2012&13½ Vk-Vk-La- 1950@Eaqcbz@2022 ¼Fu-Oa- 2015&16½ Deputy Commissioner Of Income Tax, Cc-6(3) Room No. 1903, 19Th Floor, Air India Building, Nariman Point ..... Vihykfkhz/Appellant Mumbai-400 021 Cuke Vs. Beil Infrastructure Limited (Earlier Known As Bharuch Enviro Infrastructure Limited) Plot No.117/18, Gidc Estate, Ankleshwar Gujarat-393 002 ..... Izfroknh/Respondent Pan No. Aaacb8075F

For Appellant: Shri Kirit Kamdar &For Respondent: Shri Salil Mishra, CIT-DR
Section 115JSection 14ASection 234CSection 80Section 801A

ground no. 7 and 8 are allowed for statistical purpose. 12. In ground no. 9 of appeal, the assessee has assailed charging of interest u/s 234C of the Act. Interest u/s 234C of the Act is consequential and mandatory. The AO is directed to re-examine the issue and charge ... interest u/s 234C of the Act on the returned income, in accordance with law. Ground no. 9 of appeal is thus allowed for statistical purpose. 13. In the result, appeal of the assessee is partly allowed. 14. The Revenue in its appeal has assailed the findings

Beil Infrastructure Limited ('Beil')(Earlier Known As Bharuch Enviro Infrastructure Ltd), Gujrat vs. DCIT Cen Cir 6(3), Mumbai

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 586/MUM/2017[2012-13]Status: DisposedITAT Mumbai30 Jun 2023AY 2012-13

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantvk-Vk-La- 586@Eaqcbz@2017 ¼Fu-Oa- 2012&13½ Beil Infrastructure Limited (Earlier Known As Bharuch Enviro Infrastructure Limited) Plot No.9701-16, Gidc Estate, Ankleshwar Gujarat-393 002 ..... Vihykfkhz/Appellant Pan No. Aaacb8075F Cuke Vs. Deputy Commissioner Of Income Tax, Cc-6(3) Room No. 1903, 19Th Floor, Air India Building, Nariman Point ..... Izfroknh/Respondent Mumbai-400 021 Vk-Vk-La- 400@Eaqcbz@2017 ¼Fu-Oa- 2012&13½ Vk-Vk-La- 1950@Eaqcbz@2022 ¼Fu-Oa- 2015&16½ Deputy Commissioner Of Income Tax, Cc-6(3) Room No. 1903, 19Th Floor, Air India Building, Nariman Point ..... Vihykfkhz/Appellant Mumbai-400 021 Cuke Vs. Beil Infrastructure Limited (Earlier Known As Bharuch Enviro Infrastructure Limited) Plot No.117/18, Gidc Estate, Ankleshwar Gujarat-393 002 ..... Izfroknh/Respondent Pan No. Aaacb8075F

For Appellant: Shri Kirit Kamdar &For Respondent: Shri Salil Mishra, CIT-DR
Section 115JSection 14ASection 234CSection 80Section 801A

ground no. 7 and 8 are allowed for statistical purpose. 12. In ground no. 9 of appeal, the assessee has assailed charging of interest u/s 234C of the Act. Interest u/s 234C of the Act is consequential and mandatory. The AO is directed to re-examine the issue and charge ... interest u/s 234C of the Act on the returned income, in accordance with law. Ground no. 9 of appeal is thus allowed for statistical purpose. 13. In the result, appeal of the assessee is partly allowed. 14. The Revenue in its appeal has assailed the findings

DCIT CC 6(3), Mumbai vs. M/S Beil Infrastructure Ltd. ( Earlier Known As Bharuch Enviro Infrastructure Ltd, Anlkleshwar

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 400/MUM/2017[2012-13]Status: DisposedITAT Mumbai30 Jun 2023AY 2012-13

Bench: Shri Vikas Awasthy & Shri Om Prakash Kantvk-Vk-La- 586@Eaqcbz@2017 ¼Fu-Oa- 2012&13½ Beil Infrastructure Limited (Earlier Known As Bharuch Enviro Infrastructure Limited) Plot No.9701-16, Gidc Estate, Ankleshwar Gujarat-393 002 ..... Vihykfkhz/Appellant Pan No. Aaacb8075F Cuke Vs. Deputy Commissioner Of Income Tax, Cc-6(3) Room No. 1903, 19Th Floor, Air India Building, Nariman Point ..... Izfroknh/Respondent Mumbai-400 021 Vk-Vk-La- 400@Eaqcbz@2017 ¼Fu-Oa- 2012&13½ Vk-Vk-La- 1950@Eaqcbz@2022 ¼Fu-Oa- 2015&16½ Deputy Commissioner Of Income Tax, Cc-6(3) Room No. 1903, 19Th Floor, Air India Building, Nariman Point ..... Vihykfkhz/Appellant Mumbai-400 021 Cuke Vs. Beil Infrastructure Limited (Earlier Known As Bharuch Enviro Infrastructure Limited) Plot No.117/18, Gidc Estate, Ankleshwar Gujarat-393 002 ..... Izfroknh/Respondent Pan No. Aaacb8075F

For Appellant: Shri Kirit Kamdar &For Respondent: Shri Salil Mishra, CIT-DR
Section 115JSection 14ASection 234CSection 80Section 801A

ground no. 7 and 8 are allowed for statistical purpose. 12. In ground no. 9 of appeal, the assessee has assailed charging of interest u/s 234C of the Act. Interest u/s 234C of the Act is consequential and mandatory. The AO is directed to re-examine the issue and charge ... interest u/s 234C of the Act on the returned income, in accordance with law. Ground no. 9 of appeal is thus allowed for statistical purpose. 13. In the result, appeal of the assessee is partly allowed. 14. The Revenue in its appeal has assailed the findings