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Income Tax - Highlights / Catch Notes

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Levy of interest u/s 234A, 234B and 234C - Disallowance of TDS ...


Interest u/ss 234A, 234B, 234C Must Consider TDS Deducted; Misinterpretations Lead to Incorrect Interest Charges.

October 31, 2022

Case Laws     Income Tax     AT

Levy of interest u/s 234A, 234B and 234C - Disallowance of TDS credit deducted by ex-employer of the appellant - it is seen that for attracting the levy of interest, the calculations necessarily require to be made are to be considered after reducing the TDS deducted in a case like this. Hence, in case the Assessing Officer and the assessee are interpreting the observations/directions in para 8 as a direction to charge interest holding assessee in default, then such an interpretation is contrary to law. The legislature in very clear terms has already factored the factum of TDS deducted by the deductor. - AT

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