banner_ad

Interest u/s 234A

Others 588 views 7 replies
whether provision of section 234A(1) are applicable in case of assessment u/s 147(first time assessment ) or no ?
Replies (7)
Yes 234A is applicable. where return is furnished after the expiry of specified period i.e 30days from notice u/s 148
In this case, return is filed within time in response to notice u/s 148 but earlier filed u/s 139 was late filed. during the calculation of interest under assessment u/s 147, interest u/s 234A would be charged ir not. please confirm.

1. Interest u/s 234A will not be chargeable during the period where ROI cannot be filed until the time notice was issued u/s 148. 
2. Assessment u/s 147 for the first time will be considered as a regular assessment for the purpose of this as per explanation 3 of sec 234A. 
3. It will be charged but the above period will be excluded. 
Please correct me if the above solution has an alternative view. 

For A.Y. 2013-14, a person (individual & non-auditable case) filed his return on 28.11.2013 declaring total income of Rs. 1,05,110/-.
Further, notice u/s 148 was issued on 30.03.2018. Assessee filed return in response to notice u/s 148 on 10.04.2018. Assessment u/s 147 completed on 24.12.2018 determining total income of Rs.34,13,720/-.
Weather interest was to be charged u/s 234A(1) or u/s 234A(3) ?
is explanation 3 to section 234A(1) applicable in this matter ?

सार यह है कि 147 के निर्धारण आदेश की कर गणना में 234A का ब्याज लगेगा या नही ?

1. In your case, the last date for filing the return relating to the AY 2013-14 is 31.03.2014 as per sec 139(4) of the act. 
2. You have filed your return on 28.11.2013 for which you have already paid interest u/s 234A for a period of 8 months ( April'13 - Nov'13) 
3. Now, when notice u/s 148 is issued, the time limit would have been allowed for filing return in lieu of such notice. If you have filed your return within that period then interest cannot be charged u/s 234A(3). If you have failed to file the return within such period then interest will be calculated from the date of issue of notice u/s 148 till the time return was filed in response to such notice.
4. Remember, income tax cannot ask you to pay interest wherein you have not been given the responsibility to file your return. Interest u/s 234A can be charged only when you are bound to file the return but you have not filed it within the time allowed for you to file. 
5. Simple interest @ 1% p.m will be charged on your tax liability u/s 234A(3) in case if you have filed a return after the expiry of the time allowed u/s 148. 
Please correct me if the above solution has an alternative view. 

In this case, income declared in the return filed u/s 139 was not taxable and also filed about 4 months late.
now assessment completed u/s 147 and income enhanced and also taxable. however return filed in response to notice u/s 148 is within time.
now 234A is chargeable or not ?

1. If it is filed within the time limit allowed u/s 148 notice then interest should not come. 
2. The only room for the department to charge interest u/s 234A is through subsection (3). If it is filed within the time allowed in the notice then interest will not be charged on your total income. 
Please correct me if the above solution has an alternative view. 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
19 May 2026
Accountant

ca kunjan

Mumbai

CA Inter

View Details
Company
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details