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Section 234B applies to proceedings of Settlement Commission under Chapter XIX-A of IT

Raj Kumar Makkad ,
  15 November 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Computation of Total Income - Levy of Interest - Sections 154, 234A, 234B and 234C and Chapter XIX-A of the Income Tax Act, 1961 - Settlement Commission invoked Section 154 of Act and Settlement Commission waived/reduced interest chargeable under Sections 234A and 234B - Hence the Appeal - Whether Section 234B applies to proceedings of Settlement Commission under Chapter XIX-A of Act
Citation :
Brij Lal and Ors. v. Commissioner of Income Tax, Jalandhar (Decided on 21.10.2010) MANU/SC/0878/2010

special procedure under Sections 245C and 245D in Chapter XIX-A shows that special type of computation of total income is engrafted in the said provisions which is nothing but assessment which takes place at Section 245D(1) stage . However, in that computation, provisions dealing with regular assessment, self-assessment and levy and computation of interest for default in payment of advance tax, etc. are engrafted. Sections 234A, 234B and 234C are applicable to proceedings of Settlement Commission under Chapter XIX-A of Act to above extent.

 
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Published in Taxation
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