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Interest u/s 234 B/C is payable in MAT?

This query is : Resolved 

29 August 2009 Sir,
My client is required to pay MAT u/s 80C
but he has not deposited Advance tax as per income tax rules.
Whether he is liable to pay interest u/s 234 B/C.

With Regards
Bishwanath Prasad
(C.A.(Final)


29 August 2009 yes as 234B/C is for non-payment of Taxes wheather by way of MAT or not.

29 August 2009 Yes interest u/s 234B & 234C is applicable to MAT.
For your info MAT is payable u/s 115JB & not u/s 80C.

Levy of interest u/s 234B and 234C with reference to tax on book profit

The CBDT vide circular no.13 of 2001 dated 09-11-2001 has clarified that the provisions of sec. 115JB is a self-contained code. Sub-section (5) specifies, “Save as otherwise provided in this section, all the other provisions of this Act shall apply to every assessee, being a company mentioned in that section”. Accordingly, interest u/s 234B for default in payment of advance tax and interest u/s 234C for any deferment of advance tax shall be levied in respect of tax computed u/s 115JB also. The levy of interest u/s 234B and 234C on MAT payable was upheld by the Madras High Court in CIT Vs. Geetha Ramakrishna Mills P. Ltd (2006).




29 August 2009 Yes interest provision is applicable to MAT also.

Citation :- Madras Pharmaceuticals (p) Ltd Vs. DyCIT (2008) 24 SOT 180 (Mum-Tri).



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