2006 (9) TMI 551 - AT - Income Tax

Summary

Issues Involved:
1. Levy of interest u/s 234A.
2. Levy of interest u/s 234B.

Summary:

1. Levy of Interest u/s 234A:
The Department contended that the Commissioner of Income-tax (Appeals) erred in holding that interest u/s 234A was not chargeable. The Tribunal noted that interest u/s 234A is chargeable where the return of income is not furnished before the due date. Such interest is based on the tax after allowing credit for the advance tax and tax deducted at source. The Tribunal emphasized that section 234A refers to "tax deducted" and not "tax deductible". The Tribunal concluded that interest u/s 234A is mandatorily leviable if there is a delay in filing the return of income, irrespective of whether advance tax has been paid or not. The Tribunal directed the Assessing Officer to recalculate the interest chargeable u/s 234A based on the correct tax after giving effect to the Tribunal's order in the quantum appeal.

2. Levy of Interest u/s 234B:
The Department argued that the Commissioner of Income-tax (Appeals) was not justified in deleting the interest charged u/s 234B. The Tribunal referred to the Special Bench decision in the case of Motorola Inc. [2005] 95 ITD 269 (Delhi), which held that no interest u/s 234B is chargeable if the entire income is subjected to tax deductible at source. The Tribunal noted that the liability for payment of advance tax arises u/s 208, and the advance tax payable is computed u/s 209, which stipulates that income-tax shall be reduced by the amount of income-tax deductible at source. Respectfully following the Special Bench decision in Motorola Inc., the Tribunal directed the Assessing Officer to delete the interest levied u/s 234B.

Conclusion:
The appeals were allowed in part, with directions to the Assessing Officer to recalculate the interest u/s 234A and delete the interest u/s 234B. The order was pronounced in the open court on September 18, 2006.