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2015 (10) TMI 1466 - AT - Income TaxCredit for foreign tax paid in Mauritius - whether should not be excluded while computing interest under section 234C? - whether the payment made by the assessee on 10.09.2004 in Mauritius can be considered as advance tax as was done by the assessee or can it be a self-assessment tax as was considered by the Assessing Officer? - Held that:- The Commissioner of Income Tax (Appeals) has considered the submissions of the assessee and the averments of the Assessing Officer elaborately and held that amount paid by the assessee has to be considered as selfassessment tax for the purpose of computing interest under section 234C of the Act and not as advance tax and further held that the issue cannot be considered as debatable. The payment of taxes in Mauritius (Rs. 1,60,31,359/-) on 10.9.2004 i.e. after the end of the financial year 2003-04 cannot be considered as advance tax. It makes 'no difference, under what circumstances the taxes were paid. Since the taxes were paid after 31st March of the relevant financial year (F.Y. 2003-04) the said payment can only constitute the self assessment taxes. When the statute clearly provides that all the payments made after the 31st March of the financial year are self assessment taxes, and therefore the issue cannot be considered as debatable. Mere argument for the sake of argument cannot make the clear and unambiguous provisions into debatable ones. AO rightly treated the tax payments made after the end of the financial year (paid on 10.9.2004) as self assessment taxes and re determined the levy of interest u/s 234C of the Act. The action of the AO by rectifying the assessment u/s 154 of the Act is very well justified and therefore the appellant's contentions are hereby rejected. - Decided against assessee.
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