2024 (12) TMI 421 - AT - Income Tax

Interest under Section 234B calculated on assessed income, not returned income per appropriation rules

ITAT Mumbai held that interest computation under Section 234B is based on assessed income, not returned income. The tribunal ruled that appropriation ... Computation and levy of interest u/s 234B - default/delay in payment of advance tax - HELD THAT:- Section 234B(2)(i) of the Act provides for adjustment/reduction of the aforesaid amount. As noted hereinabove, the computation of interest under Section 234B of the Act is based upon assessed income (and not tax on returned income). Section 234B(2)(i) of the Act provides for adjustment of the amount of interest computed and payable u/s 234B(1) of the Act [computed on the basis of the assessed income] by the amount of interest computed on the basis of returned income and paid u/s 140A of the Act before filing return of income. Thus, we accept the contention of the Appellant that the rule of appropriation contained in Explanation to Section 140A(1) of the Act would be attracted only at the time of payment of self assessment tax at the time of filing return of income. While giving effect to the provisions contained in Section 234B(2)(i) of the Act the aforesaid amount shall be reduced from the interest computed under Section 234B(1) of the Act. Our view also draws support from the provisions contained in Section 140A(2) of the Act which, inter alia, provides that after regular assessment u/s 143 of the Act amount paid under Section 140A(1) of the Act as self assessment tax is deemed to have been paid towards such regular assessment. That being the case, the question of changing the appropriation of amount paid at the time self assessment under Section 140A of the Act between interest and tax on determination of income under Section 143(1)/(3) of the Act does not arise. The Assessing Officer cannot change the amount of interest paid under Section 234B of the Act at the time of filing return of income under Section 140A of the Act on determination of income under Section 143(1)/(3) As relying on Patson Transformers Ltd [2005 (11) TMI 388 - ITAT AHMEDABAD] we accept the computation of income under Section 234B of the Act made by the Appellant and delete the levy of interest u/s 234B of the Act. Assessee appeal allowed. Issues Involved:1. Appropriation of self-assessment tax payments towards interest and tax under Sections 140A and 234B of the Income Tax Act, 1961.2. Computation and levy of interest under Section 234B for default/delay in payment of advance tax.Detailed Analysis:1. Appropriation of Self-Assessment Tax Payments:The primary issue raised by the appellant was the method of appropriation of self-assessment tax payments made on April 30, 2018, and September 28, 2018. The appellant contended that the Assessing Officer and the CIT(A) erred in apportioning these payments first towards interest, contrary to the provisions of Section 140A read with Section 234B of the Income Tax Act, 1961. The appellant argued that the payments should have been treated as payments towards regular tax, as there was no default in payment of interest at the time of filing the return of income. It was highlighted that the provisions of Explanation to Section 140A(1) are applicable only at the time of filing the return and not thereafter. The appellant relied on several Tribunal decisions to support this contention.In contrast, the Department contended that any payment made by the assessee after April 1 of the Assessment Year is in the nature of self-assessment tax, which should first be appropriated towards interest and thereafter towards tax, as per the Explanation to Section 140A(1).The Tribunal, after considering the submissions and the relevant legal provisions, concluded that the rule of appropriation in Explanation to Section 140A(1) applies only at the time of filing the return of income. Therefore, the amount of interest under Section 234B paid under Section 140A should be determined at the time of filing the return, and the Assessing Officer cannot alter this appropriation upon determination of income under Section 143(1)/(3). The Tribunal supported its decision by citing similar judgments, including those of the Mumbai Bench in the case of M/s. Great Eastern Shipping Co. Ltd.2. Computation and Levy of Interest Under Section 234B:The Tribunal examined the provisions of Section 234B, which deals with the levy of interest for default/delay in payment of advance tax. Section 234B(1) provides for the calculation of interest from April 1 following the financial year to the date of determination of total income under Section 143(1) or regular assessment, based on the assessed tax. Section 234B(2) addresses cases where tax is paid before the determination of total income or regular assessment, allowing for the reduction of interest by the amount paid under Section 140A.The core issue was the computation of interest under Section 234B(2) and whether the interest paid under Section 140A should be adjusted against the interest computed under Section 234B(1). The Tribunal found that the computation of interest under Section 234B is based on assessed income, and the interest paid under Section 140A should be adjusted against this computation. The Tribunal accepted the appellant's contention that the rule of appropriation in Section 140A applies only at the time of filing the return, and the interest paid under Section 234B should not be altered upon assessment.Ultimately, the Tribunal allowed the appellant's computation of interest under Section 234B, deleting the additional levy of INR 1,65,348. The appeal was allowed, with the Tribunal emphasizing that the Assessing Officer cannot change the interest paid under Section 234B at the time of filing the return upon determination of income under Section 143(1)/(3).Conclusion:The Tribunal allowed the appeal, accepting the appellant's method of computation and appropriation of self-assessment tax payments under Sections 140A and 234B. The additional interest levied under Section 234B was deleted, and the appellant's contentions were upheld.