Interest u/s 234a

This query is : Resolved 

21 June 2013 pl solve the case:
AY 2012-13....DUE DATE OF FILING OF RETURN 31/08/2012....TAX PAYABLE 4990/-......TAX PAID ON 31/08/2012 4995/-.....CREDITED BY NSDL ON 03/09/2012.....RETURN FILED ON 28/02/2013.....WHETHER INTEREST U/S 234A APPLIES?....IF YES, INTEREST FOR HOW MANY MONTHS NEED TO BE PAID....PL HELP

21 June 2013 According to the section 234A interest has to be pay for the late filing of the return @1% p.m or part of the month on self assessment tax paid/payable amount from the first day after due date u/s 139(1) till the date of filing of return of income.

Thus you filed return of income on 28-2-2013 and the due date u/s 139(1) is 31-8-2013 so you have to pay interest for 6 months u/s234A on Rs.4990. I.e interest u/s234A is 4990*6% = Rs.299.

OM SAI SRI SAI JAI JAI SAI

21 June 2013 Yes. Interest u/s.234A apply for 6 months

21 June 2013 but expert,...the tax payable is due not for more than a month......its not due as on 28/02/2013....so shudn't it be levied for 1 month only

21 June 2013 Interest u/s/234A applies for default of filing return u/s.139(1). so your due date of return is 31/08/2012, but you filed on 28/2/2013.so interest applies

21 June 2013 234A doesn't attract. Please refer Supreme court decision in Dr. Prannoy Roy's case reported in 19 DTR 102.

21 June 2013 Thanks Sir for updating

21 June 2013 1)No interest under Section 234A not applicable to you.

2)Since the tax due had already been paid which was not less than the tax payable on the returned income which was accepted, the question of levy of interest does not arise.

Please refer supreme court decesion on

CIT Vs Pranoy roy

Thanks & regards
Ganesh babu k


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