Interest on delayed payment of advance tax

 

Dear sir

Our company had been assessed by income tax department after scrutiny since last many years . Every year they were raising demand and that demands were finally deleted by appellate authorities. Income tax pursued us for depositing of demands and  in pressure we deposited  the demands. After deletions of additions, refunds  were generated but not paid to us and refunds were  suo moto adjusted against our demands meanwhile raised for next years and year and year by same practice remained continued. Finally because of nil demands in previous year they refunded  us entire amount of last  6-7 years in this years with interest of 6%..

Further every year there was delay from our side  in making payments of  advance tax  therefore department charged interest under section 234b & C at the rate of 12%.  My pain is that one side my huge money kept by department by generating fake demands every year other side on delayed payment i loosed interest @ 12%. In nutshell because of all above,  I loosed deferential interest i.e 6% ( 12%-6%).  Whether there is any way by which i can claim differential interest from department?

 

Regards

Anant 

Replies (1)

I dont think so you have any option to claim the differential interest since the department has all rights to adjust the monies due against the deposits. They also have powers to use the deposits of other assessee`s who are transcating with you if they fail to pay the same but department does not use this power nor i have come across such case as such.

The only thing you can do in future is that pay the advance tax on time and save to max. extent.

 

I would also like ot share one 90% tax concept with you -

At the year end i.e march you have to pay 100% tax as advance tax the same can be paid to the extent of 90 to 91% and the balance can be used in business. You would bot be liable to pay interest for short payment since there is a bench mark of 10% in one provision and on other provision you are just paying an interest of 6%.

Strategically think that you have borrowed money @ 6% for IT dept. and saved 6%. Remember that this is used only if the calculation are accurate and your company is big enough.

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