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Interest u/s 215 cannot be levied if partner had paid advance tax in individual capacity on bonafide estimate of firm’s income
Case Law Details
- Case Name
- CIT Vs M/s Mahesh Munjal HUF (Punjab & Haryana High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Punjab and Haryana HC
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Brief of the case:
Punjab & Haryana High Court in CIT Vs M/s Mahesh Munjal HUF held that if the assesse had paid advance tax in his individual capacity after considering his estimated share in his firm’s income without any anticipation that the firm’s income on which he was paying advance tax was false then interest u/s 215 could not be levied. Moreover as the assesse had no reason to believe that the accounts of the firm in which he was partner was false and he had paid advance tax on the same. So as there was no malafide intention of the assesse to pay less advance tax so interest u/...





