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    <title>2005 (12) TMI 88 - KERALA High Court</title>
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    <description>Interest under sections 234A and 234B of the Income-tax Act is stated to be chargeable with reference to assessed income, because the provisions link interest to tax on total income determined on assessment after reduction of advance tax and tax deducted at source. The Finance Act, 2001 amendments were treated as clarificatory, removing doubt about the earlier basis rather than creating a new levy. On that footing, retrospective operation from 1 April 1989 was held constitutionally permissible, as the amendment was viewed as reasonable and not arbitrary, discriminatory, or confiscatory.</description>
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      <description>Interest under sections 234A and 234B of the Income-tax Act is stated to be chargeable with reference to assessed income, because the provisions link interest to tax on total income determined on assessment after reduction of advance tax and tax deducted at source. The Finance Act, 2001 amendments were treated as clarificatory, removing doubt about the earlier basis rather than creating a new levy. On that footing, retrospective operation from 1 April 1989 was held constitutionally permissible, as the amendment was viewed as reasonable and not arbitrary, discriminatory, or confiscatory.</description>
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