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Interest u/s. 234C cannot be imposed in case of refund of advance tax

Case Law Details

TaxGuru Citation
2012 taxguru.in 1028
Case Name
DCIT Vs Mysore Paper Mills Ltd. (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
1996-97
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IN THE ITAT BANGALORE BENCH ‘A’

DCIT V/s. Mysore Paper Mills Ltd.

IT APPEAL NOS. 352 & 391 (BANG.) OF 2011

[ASSESSMENT YEAR 1996-97]

Date of Pronouncement – 08.06.2012

ORDER

George George K , Judicial Member

These two appeals, one preferred by the revenue and the other by the assessee are directed against the CIT(A)’s order dated 25.11.2010 in relation to assessment year 1996-97.

2. Since these appeals pertain to the same assessee, they are heard together and disposed off by this consolidated order for the sake of convenience.

3. We shall first consider the revenue’s appeal (ITA No.352/2011).

3.1 The revenue has raised five grounds in its memorandum of appeal. The grounds no.1, 4 and 5 are general in nature and no specific adjudication is called for; hence, the same are dismissed.

4. The surviving ground, namely, ground nos.2 and 3 reads as follows:-

2. The CIT(A) erred in deleting the levy of interest under section 234C as the provisions of section 234C envisage calculation of interest with reference to returned income and not the assessed income and alteration of interest under section 234C is not provided in the Act unlike the provisions of section 234B.

3. The CIT(A) erred in directing the Assessing Officer to grant interest under section 244A on refund of self assessment tax when the provisions of section 244A do not explicitly provide for payment of interest on refund of self assessment tax.

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