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TMI Blog2013 (7) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... - These appeals are preferred by the assessee challenging the order passed by the Tribunal rejecting to grant any relief under Section 234A and B of the Income Tax Act, 1961 (for short 'Act'). 2. The grievance of the assessee was that the seized materials were made available only in July, 2009 after repeated requests and therefore the returns u/S 153A of the Act were filed only on receipt of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in filing the return as held by this Court in the case of T P Indrakumar -vs- ITO ITA No.596 of 2004 wherein this Court has held that under Section 234-A and B interest cannot be charged. 4. Section 234A of the Act deals with interest for defaults in furnishing return of income, whereas Section 234B deals with interest for defaults in payment of advance tax. This is based on the principle that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and if the said materials were very much available for filing return under Section 153A of the Act. Then it is open to the assessee to approach the Revenue Authorities for waiver of interest. Even after making out a case for waiver and the waiver is not granted by the Authorities, then it could be said that the assessee is aggrieved and then he can approach this Court. As rightly pointed out by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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