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2020 (5) TMI 439 - HC - Income TaxWaiver of interest charged u/s 234A, 234B and 234C - delay caused in filing the return - HELD THAT:- In the case of Bhanuben Panchal and Chandrikabel Panchal Vs. Chief Commissioner of Income Tax [2004 (3) TMI 35 - GUJARAT HIGH COURT] while examining the waiver of interest in the context of the death of the husband of the petitioner who was in a senile condition prior to his death, held that the delay caused in filing the returns on account of the delay in arranging for funds, would also qualify to be considered as unavoidable circumstances responsible for the delay in late payment of taxes and accordingly, waiver of interest would be granted to the extent of 75%. Utmost, the delay caused in filing the return if to be attributed to the impounding of the documents during survey proceedings, the interest under section 234-A for the default committed in filing the return of income would be waived of, but not the interest leviable u/s 234B and 234C, the default in payment of advance tax and for deferment of advance tax. Writ petition stands disposed of, with a direction to the respondent to waive of the interest under Section 234A of the Act relating to the assessment year 2010-11. Levy of interest under Section 234B and 234C is confirmed.
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