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Issues involved: Interpretation of the date of payment for interest calculation u/s 234C of the Income Tax Act.
Facts: The assessee, a company engaged in manufacturing x-ray medical equipment, filed its return for the assessment year 2005-06. The Assessing Officer levied interest u/s 234C based on the date of realization of cheques for advance tax, leading to a dispute. Arguments: The assessee contended that the date of tendering the cheques should be considered for interest calculation, relying on various court judgments. The CIT(A) and the authorities below supported the Assessing Officer's stance based on the Receipts and Payments Act, 1983. Decision: The Appellate Tribunal considered the issue of whether the date of payment should be the date of tendering or realization of the cheques. Citing precedents like Sahara Airlines Ltd. v Commissioner of Customs, it held that if a cheque is not dishonored, payment is deemed made on the date of tendering. The Tribunal emphasized that the date of presentation of the cheque should be used for interest calculation u/s 234C. Precedents: The Tribunal referenced cases like CIT v Bharat Motor Services and ACIT v Molex (India) Ltd. to support its decision that the date of presentation of the cheque is crucial for determining the date of payment for interest calculation purposes. Outcome: The appeal by the assessee was allowed, emphasizing that the date of presentation of the instrument should be considered while calculating interest u/s 234C of the Income Tax Act.
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