2010 (7) TMI 394 - HC - Income Tax

Advance tax Interest leviable with respect to tax on assessed income and not income declared Disallowance of claim under sections 80HHC and 80-IB Not a income taxable in view of sections 80HHC and 80-IB Not a valid ground. An assessee is liable to pay interest under section 234B of the Act on the amount of income assessed under section 143(1) or 143(3) of the Act and not on the basis of income declared in the return by the assessee. - Parkash Agro s case 2007 -TMI - 35052 - PUNJAB AND HARYANA HIGH COURT .

Summary

Issues:
1. Charging of interest under section 234B of the Income-tax Act, 1961 for fresh adjudication.
2. Findings of the Income-tax Appellate Tribunal being against the evidence on record.
3. Misdirection by the Income-tax Appellate Tribunal in deciding the issue of eligibility for claiming deduction under section 80-IB of the Income-tax Act, 1961.

Issue 1: Charging of Interest under Section 234B
The appeal involved the question of whether the Income-tax Appellate Tribunal was justified in setting aside the issue of charging interest under section 234B of the Income-tax Act, 1961 for fresh adjudication. The Tribunal had reversed the Commissioner of Income-tax (Appeals)'s decision, stating that the bona fide belief of the assessee to estimate taxability of income could not be a valid ground to avoid liability to pay interest under section 234B of the Act on advance tax ultimately found due. The Revenue argued that the Finance Act, 2001, retrospectively amended Explanation 1 to section 234B, clarifying that assessed tax would mean tax on total income determined under specific sections of the Act. The court referred to previous judgments and upheld that an assessee is liable to pay interest under section 234B on the amount of income assessed under the Act, not based on income declared in the return.

Issue 2: Findings of the Income-tax Appellate Tribunal
The second issue involved examining whether the findings of the Income-tax Appellate Tribunal were against the evidence on record. The appellant argued that the Tribunal erred in holding that interest under section 234B would be attracted even if the assessee, on bona fide calculation, found no advance tax payable. The court referred to previous judgments and the amended Explanation 1 to section 234B, emphasizing that interest is chargeable on the income as determined by the assessing authority. The court concluded that the chargeability of interest under section 234B was clear and upheld the Tribunal's decision.

Issue 3: Misdirection in Deciding Eligibility for Deduction under Section 80-IB
Regarding the third issue, the court noted that there was no ground raised relating to the claim under section 80-IB of the Act before the Tribunal. Therefore, the court concluded that the issue did not arise from the impugned order. Consequently, the court found no merit in the appeal, stating that no substantial question of law arose, and dismissed the appeal. The court's decision was based on a comprehensive analysis of the legal provisions, previous judgments, and the specific circumstances of the case.