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An assessee cannot be said to be a defaulter in payment of advance tax if he had no liability to pay any advance tax under s 208 on any of the due dates for payment of the advance tax
Case Law Details
- Case Name
- Emami Ltd. Vs Commissioner of Income Tax (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Emami Ltd. Vs CIT (High Court of Calcutta)- Where on the last date of the Financial Year preceding the relevant Assessment Year, the assessee had no liability to pay advance tax, he would be nevertheless asked to pay interest in terms of Section 234B and Section 234C of the Act for default in making payment of tax in advance which was physically impossible.
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction (Income-Tax)
(Original Side)
I.T.A. No. 199 of 2006
Emami Limited Vs Commissioner of Income Tax
Heard on: 07.06.2011
Judgement on: 17th June, 2011.
Bhaskar Bhattacharya, J.:
This appeal un...
