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1997 (9) TMI 60

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..... of section 234A of the Income-tax Act, 1961, and have also challenged levy of interest, vide annexures P-4, P-5, P-6, P-7, P-8 and P-9 and orders passed under section 264, vide annexures P-14, P-15 and P-16. The brief facts giving rise to this writ petition are that the petitioners were assessed by the Deputy Commissioner of Income-tax, Special Range, Bhilai, in respect of their income. In resp .....

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..... were assessed and notices of demand were sent charging interest by respondent No. 2, vide annexures P-4, P-5 and P-6 and computing sheets, annexures P-7, P-8 and P-9, respectively. From the computing sheets, it appears that respondent No. 2 had charged interest under sections 234A, 234B and 234C of the Act of 1961. On receipt of assessment orders and notices of demand, petitioner No. 1 filed an .....

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..... etition has been filed challenging the validity of section 234A of the Act of 1961 as being violative of articles 14 and 19(1)(g) of the Constitution of India. We have heard learned counsel for the parties and perused the record. So is section 234A of the Act of 1961 is concerned, it is only a regulatory measure to see that the parties do not commit default in the matter of filing of their retur .....

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..... e files a return of income in time and that the failure in filing of the return can be levied with interest so as to compensate the loss occasioned to the Revenue which the Revenue would have otherwise received if the return had been filed in time. This provision has already been upheld by three High Courts in the cases of Sant Lal v. Union of India [1996] 222 ITR 375 (P H), Ranchi Club Limited .....

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