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Interest under section 234A, B and C are mandatory in nature and no discretion is vested in the Assessing Officer
Case Law Details
- Case Name
- Dr. R. P. Patel Vs CIT (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Kerala High Court
RELEVANT PARAGRAPH
6. Question Nos. 10 and 11 pertain to assessee’s challenge against levy of interest under section 234B of the Act for non-payment of advance tax. The assessee has relied on the decision of the Supreme Court in CIT V. RANCHI CLUB LTD., 247LT.R, 209 and decision of the Delhi High Court in CIT v. INCHCAPE INDIA (P) LTD., 179 LT.R. 212 (Del.) and the decision of this Court m CIT V. TRAVANCORE TITANIUM PRODUCTS, 183 CTR 473 and contended that interest cannot be levied under Section 234B. However, Tribunal relying on the special Bench decision of the Tribunal in MOTOROLA V. ...
