2016 (4) TMI 1286 - SCH - Income Tax

Interest under Section 234A 234B & 234C - default in payment of advance tax - cash seized in the course of search - Adjustment to the cash lying in the P.D. account against the advance tax - Held that - No reason to entertain this Special Leave Petition which is accordingly dismissed. HC has held 2015 (3) TMI 543 - ALLAHABAD HIGH COURT no doubt that before the due date the cash was available with the department. The same could have been adjusted against the advance tax. The return was filed on or before the due date so the interest for default in furnishing the return of income under Section-234A was not desirable. Similarly the interest for default in payment of advance tax is also not leviable under Section-234B for the reason that assessee had already made a request for adjustment of the amount against the advance tax which was already in the custody of the department. Similarly Section-234C is not attracted as there was no deferment. See CIT Versus Ashok Kumar 2010 (9) TMI 771 - Punjab and Haryana High Court and CIT vs. Kesar Kimam Karyalaya 2005 (5) TMI 58 - DELHI High Court - Decided against revenue.

Summary

The Supreme Court dismissed the Special Leave Petition after condoning the delay. The judges were Mr. Justice Kurian Joseph and Mr. Justice Rohinton Fali Nariman. Petitioner represented by Mr. D. L. Chidananda, Ms. Neha Nagpal, Ms. Mukti Choudhary, and Mrs. Anil Katiyar.