9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (6) TMI 1088 - HC - Income TaxMAT - Advance payment of Tax - Tax liability arising due to MAT provisions u/s 115JA - Levy of interest u/s 234B - Held that - The issue under reference is concluded by the judgment of the Apex Court in the case Joint Commissioner of Income Tax Vs. Rolta India Ltd 2011 (1) TMI 5 - SUPREME COURT OF INDIA as held that Section 115JB is a self-contained code pertaining to MAT, which imposed liability for payment of advance tax on MAT companies and, therefore, where such companies defaulted in payment of advance tax in respect of tax payable under Section 115JB, it was liable to pay interest under Sections 234B and 234C of the Act. Interest under Sections 234B and 234C shall be payable on failure to pay advance tax in respect of tax payable under Section 115JA/115JB. For the aforestated reasons, Circular No. 13/2001 dated 9.11.2001 issued by CBDT has no application.
Issues:
Interpretation of sections 234B and 234C in relation to sections 115J/115JA of the Income Tax Act. Analysis: The judgment of the High Court addressed the interpretation of sections 234B and 234C of the Income Tax Act in connection with sections 115J/115JA. The court referred to the Apex Court's decision in the case of "Joint Commissioner of Income Tax Vs. Rolta India Ltd." The Apex Court clarified that sections 234B and 234C do not specifically mention sections 115J/115JA. Section 234B deals with interest on failure to pay advance tax, while section 234C pertains to interest for deferment of advance tax. The court emphasized that sections 115J/115JA are special provisions that require the payment of advance tax based on the statutory scheme outlined in the Act. These provisions aim to tax zero-tax companies and are distinct from the general provisions of advance tax payment. The court highlighted that interest under sections 234B and 234C is applicable to all companies, including those falling under sections 115J/115JA. Furthermore, the court examined whether a Minimum Alternate Tax (MAT) company could estimate its profits before the end of the financial year. The court considered conflicting judgments on this issue, particularly the views of the Karnataka High Court in Kwality Biscuits Ltd. case versus other High Courts. The Karnataka High Court's stance was that interest under sections 234B and 234C is not leviable when section 115J applies, as the liability arises only after profit determination at the end of the financial year. However, other High Courts disagreed with this interpretation. The court noted that the Karnataka High Court's decision in Kwality Biscuits Ltd. case was upheld by the Supreme Court, but later distinguished in the Jindal Thermal Power Co. Ltd. case. The court concluded that interest under sections 234B and 234C is payable for failure to pay advance tax under sections 115JA/115JB, as clarified by Circular No.13/2001 issued by CBDT. The circular emphasized that MAT companies are liable for advance tax payments and are subject to interest for defaults, aligning with the self-contained code of section 115JB. In light of the Apex Court's ruling in the Rolta India Ltd. case, the High Court decided that the issue at hand was settled by the Apex Court's judgment. Therefore, the court did not find it necessary to pass a separate order and answered the reference in line with the Apex Court's decision.
|
