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2013 (12) TMI 1306 - HC - Income TaxCompulsory levy of interest under section 234B - Held that:- Following CIT-II Kanpur versus M/s Deep Awadh Hotels P Ltd., Kanpur [2012 (5) TMI 320 - ALLAHABAD HIGH COURT] - In the absence of any mention of charging of interest in the assessment order, interest cannot be charged by issuing a notice of demand - If the assessment order contained the imposition of interest, only then, a notice of demand of interest could be issued under section 156 of the Act - The expression "shall" used in the sections 234A, 234B, 234C cannot be construed as "may" - Prior to the Finance Act 1987, the corresponding sections pertaining to imposition of interest used the expression "may". The change thus brought about by the Finance Act 1987 is indicative of the intention of the Legislature to make the collection of interest mandatory - The said expression "shall" has been used deliberately - Decided against Revenue.
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