2006 (1) TMI 640 - HC - Income Tax

Court dismisses appeal challenging interest levy under Income-tax Act citing precedent.

The Commissioner of Income-Tax & The Deputy Commissioner of Income-Tax Versus M/s. SKS Refineries Pvt. Ltd.

The court dismissed the appeal challenging the order on the levy of interest under Section 234B of the Income-tax Act, 1961. The court relied on the ... - Issues:Challenge to order on levy of interest under Section 234B of the Income-tax Act, 1961.Analysis:The appeal was filed under Section 260A of the Income-tax Act, 1961, contesting the order of the Income-tax Appellate Tribunal setting aside the levy of interest under Section 234B. The Tribunal based its decision on a previous judgment by a Division Bench in the case of KWALITY BUSCUITS LTD. v. COMMISSIONER OF INCOME-TAX, where it was held that the liability of the assessee for tax payment under Section 115J arises only when the total income is less than 30% of its book profits. The judgment emphasized that the determination of total income and book profits can only occur at the end of the assessment year, and the provisions of Section 207, 208, 209, or 210 cannot apply until the accounts are audited and the balance sheet is prepared. The liability for tax would arise only after the book profits are determined in accordance with the Companies Act. Consequently, the authorities were deemed unjustified in directing to charge interest under Section 234B and 234C of the Act.The case in question falls under Section 115J(A) of the Act, which pertains to deemed income for certain companies. The court concurred with the principles established in the KWALITY BUSCUITS case, asserting that the same reasoning applies to the current assessment. As a result, the court found no merit in the appeal and proceeded to dismiss it accordingly.