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2017 (7) TMI 108 - HC - Income TaxAmount of tax in arrears u/s 221 - addition to the tax inclusion - whether interest component has to be excluded while levying penalty under Section 221(1)? - Held that - On reading the provisions of Section 221 conjointly with the definition of tax as detailed under Section 2(43) the irresistible conclusion that can be drawn is that the phraseology tax in arrears as envisaged in Sec.221 of the Act would not take within its realm the interest component. It would be abundantly clear that the Assessing Officer can impose penalty for default in making the payment of tax but the same shall not exceed the amount of tax in arrears. Tax in arrears would not include the interest payable under Section 220(2) of the Act. In the result the substantial question of law are answered against the Appellant. The Appeal stands dismissed.
Issues Involved:
1. Interpretation of Section 221(1) of the Income Tax Act regarding the inclusion of interest in the term "tax in arrears." 2. Justification of ITAT's decision to exclude interest under Sections 234A, 234B, and 234C while imposing penalty under Section 221(1). 3. Applicability of precedents set by the Supreme Court regarding the mandatory nature of interest under Sections 234A, 234B, and 234C. Issue-wise Detailed Analysis: 1. Interpretation of Section 221(1) of the Income Tax Act regarding the inclusion of interest in the term "tax in arrears": The primary issue in this case was whether the term "amount of tax in arrears" in Section 221(1) of the Income Tax Act includes the interest component. The court examined the definition of "tax" under Section 2(43) of the Act, which specifies that "tax" means income-tax, super-tax, and fringe benefit tax chargeable under the Act. The court noted that the definition does not include interest. It emphasized that the language of the statute is clear and unambiguous, and thus, must be interpreted literally. The court also referred to Section 156, which separately mentions tax, interest, penalty, and fine. This distinction further supports that "tax" and "interest" are treated as separate components under the Act. The court concluded that the phrase "tax in arrears" in Section 221(1) does not encompass the interest component. 2. Justification of ITAT's decision to exclude interest under Sections 234A, 234B, and 234C while imposing penalty under Section 221(1): The ITAT's decision to exclude interest under Sections 234A, 234B, and 234C while imposing a penalty under Section 221(1) was upheld by the court. The court reasoned that the penalty provision must be strictly construed, and the statute clearly distinguishes between tax and interest. Therefore, the penalty for default in payment of tax should be calculated based on the tax amount alone, excluding the interest component. The court also examined the second proviso to Section 221(1), which allows for the waiver of penalty if the default was for good and sufficient reasons, and Subsection 2, which mandates the cancellation of penalty if the tax amount is reduced. These provisions further indicate that the penalty is directly linked to the tax amount, not the interest. 3. Applicability of precedents set by the Supreme Court regarding the mandatory nature of interest under Sections 234A, 234B, and 234C: The appellant relied on the Supreme Court's decision in Commissioner of Income Tax vs. Anjum M.H. Ghaswala, which held that interest under Sections 234A, 234B, and 234C is mandatory. However, the court clarified that this precedent was not relevant to the present issue. The Supreme Court's decision dealt with the mandatory nature of interest, whereas the present case concerned the interpretation of "tax in arrears" for the purpose of imposing a penalty under Section 221(1). The court also referred to the Supreme Court's decision in Harshad Shantilal Mehta vs. Custodian, which held that tax, penalty, and interest are distinct concepts under the Income Tax Act. This decision supported the view that interest should not be included in the "tax in arrears" for penalty purposes. Conclusion: The court concluded that the term "tax in arrears" in Section 221(1) does not include the interest component. Consequently, the Assessing Officer can impose a penalty for default in payment of tax, but the penalty amount must not exceed the tax in arrears, excluding interest. The substantial questions of law were answered against the appellant, and the appeal was dismissed without any order as to costs.
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