234A

SANDEEP BAWEJA (Querist) 29 October 2009 This query is : Resolved
If an asessee pays self-assessment tax on 29.10.09 but file return on 01.11.09 whether he is liable to pay tax under 234A for late filing of return fo rth emonth of november

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A V Vishal (Expert) 30 October 2009
Sandeep,

S 234A of the Income tax Act imposes interest on delayed submission of the return of income viz. beyond the stipulated due date, hence, even if the tax is paid on 29.10.2009 but the return is filed on 1.11.2009, the interest is levied on the assessee.

In your case it is not clear whether the assessee is an individual or other catergory of person and whether tax audit is applicable or not.

adv. rajeev ( rajoo ) (Expert) 30 October 2009
interest will be imposed for delayed return, further Vishal has rightly pointed out about the assessee.

B.Chakrapani Warrier (Expert) 01 November 2009
The levy of interest under section 234A did nor arise.

Citation :- CIT Vs.Dr.Pranoy Roy (2009) 309 ITR 231 (SC).

Vineet (Expert) 01 November 2009
From the query, the status of Assessee is not known. In any case it is a delayed return, interest u/s 234A is leviable.
Even after applying ratio of case cited above, the payment of SA tax is delayed, hence once again interest shall be charged.

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Expert) 01 November 2009
No,I agree with the view of B.Chakrapani.

Vineet (Expert) 02 November 2009
In view of settled law by the cited case there is no doubt that if SA tax has been paid before due date, interest u/s 234A is not chargeable.

However, this appears to be a delayed SA tax payment case unless some special extension of due date has been allowed. Hence, without exception above, interest u/s 234A is chargeable.

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