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A roguish leeway of undue enrichment - Levy of Interest u/s 234B when refund is pending / delayed

Income Tax - Direct Tax Code - DTC - By: - Harish Chander Bhatia - Dated:- 15-1-2016 Last Replied Date:- 17-1-2016 - Section 234B Yes, it is about charging of interest for default in payment of advance tax, as the statues says, but how the ITD is using this section is in a bizarre way. The Provisions of section 143(3) are applied in such a way that despite refund of tax after disallowance(s) if any, no refund is granted in the assessment order. And to set off that refund due to the assessee the .....

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outed in concerted manner by the entire department The relevant part of section 143(3) says:- 4[(3) On the day specified in the notice,- (i) issued under clause (i) of sub-section (2), or as soon afterwards as may be, after hearing such evidence and after taking into account such particulars as the assessee may produce, the Assessing Officer shall, by an order in writing, allow or reject the claim or claims specified in such notice and make an assessment determining the total income or loss acco .....

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and determine the sum payable by him or refund of any amount due to him on the basis of such assessment:] NOW the remedy is you take it as mistake (albeit deliberate mistake) apparent on record and get it rectified and amount refunded, of course , it is matter of prudence, visiting the doctor twice, fee required to be paid again in commensurate with the quantum. It seems, the policy makers did not anticipate that the executive will implement the policy in such a via-mode that delivery of justic .....

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