9911796707
TMI Blog2020 (5) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... to be considered as unavoidable circumstances responsible for the delay in late payment of taxes and accordingly, waiver of interest would be granted to the extent of 75%. Utmost, the delay caused in filing the return if to be attributed to the impounding of the documents during survey proceedings, the interest under section 234-A for the default committed in filing the return of income would be waived of, but not the interest leviable u/s 234B and 234C, the default in payment of advance tax and for deferment of advance tax. Writ petition stands disposed of, with a direction to the respondent to waive of the interest under Section 234A of the Act relating to the assessment year 2010-11. Levy of interest under Section 234B and 234C is confir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehemently contend that the respondent Authority has failed to appreciate the tenor of the Circular instructions of the Central Board of Direct Taxes (CBDT), dated 26.06.2006 inasmuch as the survey conducted under Section 133A of the Act in the business premises of the assessee pertaining to the assessment year in question vis-à-vis filing of the return by the assessee on 05.04.2011. Learned counsel submitted that the books and documents were impounded during survey and the same was not available to the petitioner despite several requests made which caused delay in filing the return of income. The same has to be construed as unavoidable circumstances. The return of income was filed on 5.4.2011 voluntarily by the assessee without any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner has admitted the taxes and filed the return of income on 5.4.2011. Thus, neither clause 2(a) nor 2(d) of CBDT instructions dated 26.6.2006 are applicable to the facts of the present case. It was submitted that the interest levied under Section 234A, 234B and 234C of the Act is for the commitment of default in furnishing the return of income, default in payment of advance tax, deferment of advance tax respectively. At the time of conducting the survey on 16.2.2010, three quarters were already over. No attempt was made by the petitioner to file the return of income and to make the advance tax in terms of the Act. In such conditions, waiver of interest would not arise. 6. Heard the learned counsel for the parties and perused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... voluntarily without detection by the Assessing Officers. 9. It is not in dispute that after the survey conducted on 16.10.2010, the petitioner has filed the return of income on 5.4.2011. The said filing of the return of income cannot be construed as the return of income filed voluntarily by the assessee without detection by the Assessing Officer. Indeed, on the detection made at the time of survey, the petitioner has admitted the tax liability and filed the return of income. Moreover, no advance tax was paid as required under the Act for the three quarters on the admitted income. Thus, the assessee cannot take shelter under the survey proceedings to cover up the default committed in filing the true and correct return of income within the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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