9911796707
TMI Blog2017 (12) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... nkar Mines has challenged the impugned order passed by the respondent - Chief Commissioner of Income-tax (CCIT), Panjim, Goa, refusing to waive interest under Sections 234A, 234B and 234C of the Income-tax Act, 1961 (hereinafter referred to as the 'IT Act' for brevity). 2. Following reasons have been recorded by the said respondent in the impugned order of CCIT for the Assessment Year 2005-2006 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be said that the assessee could have anticipated the disallowance u/s 40(a)(ia) as liability to pay TDS had already arisen during the financial year itself and the same did not accrue as on the last day of the year. The charge of interest under section 234B and 234C consequent upon disallowance u/s 40(a)(ia), is therefore, automatic and mandatory in the given circumstances. 6. Existing instruct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances of the case, that the delay in furnishing such return of income cannot reasonably be attributed to the assessee. (b) Any income chargeable to income-tax under any head of income, other than Capital gains is received or accrued after due date of payment of the first or subsequent instalments of advance tax which was neither anticipated nor was in the contemplation of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter has been remanded back by the learned Income- Tax Tribunal to the Assessing Authority and therefore on merits of such disallowance made under the said Section 40(a)(ia) of the IT Act, it is still pending adjudication and therefore the petitioner should be deemed to have satisfied the conditions of Clause 2(b) of the Central Board of Direct Taxes (CBDT) Circular dated 26.6.2006, quoted above. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances, levy of interest under Sections 234A, 234B and 234C was automatic and the same cannot be waived. 5. This Court is satisfied that there is no error or perversity in the order passed by the respondent - Chief Commissioner of Income-Tax and the same is based on sound reasoning and in accordance with the CBDT Instructions in the matter. The present petition is found to be devoid of merits a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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