Interest u/s 234


(Querist)
13 June 2011
What is writ petetion ? And is it maintainable against levy of interest u/s 234A,234B & 234C ?

Please explain ASAP...

Thank you..


B.Chackrapani Warrier (Expert)
14 June 2011
A writ petition is a filing that a party makes with an appeals court in order to secure a speedy review of some issue. Writ will not sustain since constitutional validity of charging interest under the referred sections were upheld by supreme court of India.

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
14 June 2011
In case any order is passed against you and you are not satisfied with the order then only you can file a writ petition before the High Court. The writ can be filed if any act is hitting constitutional rights but as regards the provisions of Section 234A, 234B and 234C is concerned the same are enacted in the provisions of the Income Tax Act. The charging of interest has been specified that if you do this this interest will be charges. In case you have paid your taxes in time and properly then no Interest shall be charged. Hence, this is not against the fundamental rights. Therefore, it cannot be challenged by way of writ.

Mitul Sinha (Querist)
14 June 2011
Thanks for helping me out sir..but i'm still a bit confused...coz in my Income-tax book by V.K.Singhania ---it's written under the head : WRIT PETITION-IS IT MAINTAINABLE AGAINST LEVY OF INTEREST -

Since no appeal is provided by statute against levy of interest under section 234A,234B & 234C, writ petition is maintainable against such levy - Uday Mistanna Bhandar & Complex v. Tej Kumari Devi[1996]222 ITR 44(Pat.)

please explain..


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