T.S.Thakur
Union Home Products Ltd. – Appellant
Versus
Union Of India – Respondent
Tirath S. Thakur, J.
1. IN this batch of writ petitions, the petitioners call in question the constitutional validity of sections 234A, 234B and 234C of the INcome-tax Act, 1961, inserted by the Direct Tax Laws (Amendment) Act, 1987, with effect from April 1, 1989.
2. BRIEFLY stated, section 234A makes a provision for the payment of simple interest calculated at the rate of 24 per cent. per annum by an assessee, who commits default in furnishing a return of income under section 139(1) or section 139(4) or in response to a notice sent to him under section 142(1) of the Act. The amount at which such interest is payable and the period for which the same is payable is set out in the provision itself, reference whereto shall be made in detail a little later.
Section 234B of the Act, on the other hand, provides for payment of interest by an assessee, who even though liable to pay advance tax under section 208 of the Act, has either failed to pay such tax or the advance tax paid under section 210 of the Act is less than 90 per cent. of the tax assessed against him. The rate of interest prescribed is 24 per cent. per annum simple on the amount and for the period set out in the provi
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