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JEEWAN SINGH (advocate)     16 June 2012

Interest under section 234b, 234c of income tax act

Namaskar,

I like to seek some advice from you regarding e-filing of Income Tax Return, I hope you would help me in this matter.

I had received arrears in the fourth quarter of Financial Year 2011-12.

Since it was not certain when BSNL is going to pay arrears, whether in the year 2011-12 or 2012-13, or in which quarter of a year, so it was not possible to consider that amount of arrears for payment of advance tax in first, second or third quarter of year. Since it was pad in Jan 2012, the amount of arrears was included in income for payment of advance tax in month of March and paid before 15th March 2012.

Now when I generate the return ITR1 in XML format for e-filing it shows interest under section 234b and 234c of income tax, while it is not justified to charge interest under section 234b and 234c, since it was not possible to assess income in advance for that year, because of uncertainity about payment of arrears, as well no excess amount of was received in first three quarters of year 2011-12.

Now what is the solution for above to filing e-return, so that no unjustified interest is charged by Income Tax Department under section 234b and 234c?

Kindly let me have your views.

Thanks

Jeewan Singh,



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2012

If you have not paid your full taxes an example  by 31.03.2010 for Ay 2010-11 then you have pay interest under section 234B on balance amount of tax .


 Interest U/s 234A is payable only if you miss the Income tax due date for example: Ay 2010-11 ie 31.07.2010.And I hope you are not interest in calculation under this section .However the given calculator will calculate interest under this section also where ever applicable.





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