2007 (11) TMI 71 - HC - Income Tax

Installments of tax fixed by A.O. after assessment amount not paid by assessee demanded by A.O. interest imposed u/s 234B for non-payment of demand is justified.

Summary

Issues:
Appeal against order dismissing interest under section 234B of the Income-tax Act, 1961.

Detailed Analysis:

Issue 1: Appeal against Dismissal of Interest under Section 234B
The appeal challenged the order of the Income-tax Appellate Tribunal which dismissed the appeal of the Department and confirmed the order of the Commissioner of Income-tax (Appeals) regarding the recovery of interest under section 154 calculated according to the provisions of section 234B of the Act. The Commissioner of Income-tax (Appeals) set aside the demand of interest citing lack of reason for its imposition under section 234B of the Act.

Issue 2: Assessment and Payment Details
The assessment order under section 143(3) was completed on November 24, 2000, demanding Rs. 3,39,279. The assessee paid instalments and a sum against the demand of the assessment year 1997-98, resulting in a refund of the excess amount. However, no payment was made against the demand of the assessment year 1998-99. The Assessing Officer calculated the interest under sections 234B, 244A, and 220(2) of the Act for non-payment.

Issue 3: Imposition of Interest
The Department was directed to refund an amount, and interest was calculated for non-payment of demand for the assessment year 1998-99. The argument that there was no default in payment of advance tax due to the higher deposit was rejected, as the payment was specific to the demands of the assessment year 1997-98. The imposition of interest was deemed justified as advance tax for the assessment year 1998-99 was not paid.

Issue 4: Judicial Decision
The High Court set aside the orders of the Income-tax Appellate Tribunal and the Commissioner of Income-tax (Appeals), affirming the decision of the Assessing Officer. The Court ruled in favor of the Revenue, emphasizing that the interest imposition was reasonable and based on valid grounds. No costs were awarded in the matter.

This detailed analysis highlights the key issues, assessment details, reasoning behind interest imposition, and the judicial decision rendered by the High Court in the appeal against the dismissal of interest under section 234B of the Income-tax Act, 1961.