2015 (1) TMI 391 - HC - Income Tax

Waiver of interest u/s.234A and u/s.234B - interest on addition to the disclosed income - Held that - In regard to reduction of interest u/s.234B there is no provision for such reduction as the levy is compensatory. Waiver of interest u/s.234B is governed by clause (b) and (c) of paragraph (2) of above said Board s order u/s.119(2)(a) of the I.T. Act. The income assessed in the assessee s case does not come under any of the class or classes of income specified in the aforesaid clauses. When the additions to the income disclosed by the petitioners in its returns have been sustained to a particular extent by the appellate forum under the Act then the finality of the assessment indicates that the amount sustained against the petitioner is the income on which he ought to have been paid tax at the very outset. The levy of interest is compensatory in nature and it is meant to compensate the department for the delay in getting the tax that was due to it. The conduct of the petitioner in the instant case does not call for any lenient view in the matter of levy of interest. - No reason to interfere with order passed - Decided against assesse.

Summary

Issues:
1. Assessment of taxable income based on construction cost of a hotel building.
2. Re-opening of assessment under Section 148 of the Income Tax Act.
3. Appeal against additions made by the Income Tax Officer.
4. Application for waiver of interest under Sections 234A, 234B, and 220(2) of the Income Tax Act.

Analysis:
1. The petitioner, a partnership firm running a bar attached hotel, completed the construction of a hotel building during the relevant assessment year but declared no taxable income in the returns filed. The Income Tax Officer re-opened the assessment under Section 148 and made additions towards income from other sources based on the variance between declared and estimated construction costs. The appellate proceedings resulted in reduced additions, with interest levied on the reduced amount. The petitioner sought waiver of interest citing genuine hardship in estimating the cost of investment for income declaration and advance tax payment.

2. The respondents justified the interest levy as compensatory and statutory, emphasizing the petitioner's substantial benefit from reduced additions post-appeal. The respondents argued against waiver, stating that interest waivers cannot be granted solely on the petitioner's request. The court considered the submissions and found that the petitioner's declaration of taxable income did not align with the actual amount determined by the appellate authority, indicating a requirement for tax payment at the outset. The court upheld the compensatory nature of interest levy to compensate for delayed tax payment, supporting the respondent's decision on interest waiver denial.

3. The court reviewed the respondent's order, which detailed the circumstances leading to the interest levy and denial of waiver under Sections 234A and 234B. The respondent's decision was based on the petitioner's failure to fully declare taxable income, despite the final assessment outcome post-appeal. The court agreed with the respondent's application of criteria for interest waiver determination, emphasizing the compensatory nature of interest and the need for timely tax payment. Consequently, the court dismissed the writ petition challenging the respondent's order, affirming the denial of interest waiver based on the petitioner's conduct and assessment finality.

In conclusion, the court upheld the respondent's decision to deny interest waiver, highlighting the importance of accurate income declaration and timely tax payment. The judgment emphasized the compensatory nature of interest levies and the need for adherence to tax regulations and assessment outcomes in determining interest waiver eligibility.