Section 234b

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Greeting to all

This might be a challenging question for some. Are you ready to take up the challenge??

My query is that suppose a tax payer (Non corporate) had to pay for eg. Rs.  1,00,000 (inclusive of edu. cess) as tax (consider that no advance tax was paid on any of the due dates). Assessee files his return in the month of july11 (considering he not liable to audit) he would be obliviously be liable for interest under 234b & 234c in this case. This shall add upto as under

234 B

100000 * 4% =4000

234 C

30% of 100000 = 30000 * 3% = 900

60% of 100000 = 60000 * 3% = 1800

100% of 100000 = 100000 * 1% = 1000

Total = 3700

So total liability of the assessee in the month of july 11 is 1,00,000+4000+3700=1,07,700

But the assessee paid only Rs. 1,05,000 in month of july 11

Now a demand notice arrives some time in month of dec 11. Will interest component of 234B change in this case?? In simple language will assesssee have to pay more than Rs.2700 (107700-105000) ??

if yes, then why does government say that the interest under section is 234 is charged at simple interest as in this case assessee has clearly paid his tax component plus some of the interest part.

 

Plz ans with a link or attachment that would support your ans.

 

Thanks for your valuable time.

Regards

Nisarg

Replies (5)
This is because the payment made will be first set off against the interest and then the tax component. Interest is only charged further on 2700 of tax liability remaining unpaid.

Agreed with Siddharth
 

totally agree with Siddharth Jain

Good query sir. And good reply by Mr. Sidharth...... Agreed

Agreed with Siddharth

 

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