Appeal dismissed; interest under section 234B payable when advance tax unpaid even after reassessment under section 147 The SC dismissed the civil appeal and affirmed that interest under section 234B is payable where advance tax has not been paid even in proceedings ...
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Appeal dismissed; interest under section 234B payable when advance tax unpaid even after reassessment under section 147
The SC dismissed the civil appeal and affirmed that interest under section 234B is payable where advance tax has not been paid even in proceedings reopened under section 147; the Court rejected the taxpayer's alternative contention and held prior contrary authority did not assist. The reassessment under section 147 was not a "regular" assessment for the taxpayer's argument, and the appeal was dismissed as not pressed, decision against the taxpayer.
At the outset counsel for the appellant "does not want to press this Appeal." In consequence, the court records that the Civil Appeal is "dismissed as not pressed." The dismissal follows the appellant's express decision not to prosecute the appeal; no adjudication on the merits was undertaken. The procedural effect is termination of the appeal without prejudice to such remedies as may be available under applicable procedural rules (for instance, revival or restoration if permitted), but the present order constitutes final disposition of the appeal in this court on the stated ground of non-prosecution.
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