234a interest

This query is : Resolved

vasdheer (Querist)
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16 June 2013 An assessee filed return for the 1st time after receipt of notice u/s 153C and within time allowed in the notice. Tax was deteremined in the assessment. Is the assessee liable to pay 234A interest. Please clarify.

PANKAJ KUMAR SRIVASTAVA

PANKAJ KUMAR SRIVASTAVA (Querist)
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16 June 2013 sir, for calculation of deferred tax asset/liability whether the following differences will be considered as timing difference ?
1. profit on sale of fixed asset
2. profit on sale of shares which is exempt
u/s 10(38)
3. profit on sales of listed security where indexation facility opted and tax paid @20%

Ganeshbabu K

Ganeshbabu K (Expert)
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16 June 2013 @pankaj kumar srivasava

No, all three will not form part of DTA/DTL as per AS22 accounting for taxes on income as all three events fails to satisfy definition of timing difference.

What is timing difference?
Ans.differences originate in one period and capable of reversal in the subsequent periods.

Permenant difference do not result in DTA/DTL.

Thanks & regards
Ganesh babu k

Ganeshbabu K

Ganeshbabu K (Expert)
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16 June 2013 @ Vasdheer

as per section 234A(3),

No interest will be applicable if you have furnished return of income with in time provided in notice.

Thanks & regards
Ganesh babu k

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CA Suraj Lakhotia

CA Suraj Lakhotia (Expert)
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17 June 2013 If Fixed Assets being sold are part of block and the block still exists, it would lead to timing difference as Capital Gains would be taxed only when the block ceases to exist or the WDV becomes Zero.