Question ID :
44398
139(9) & 234A
Filing return under 139(1) in time and due to defect notice , assessee responded notice and file ITR U/S 139(9). Can authority charged interest u/s 234A ? Sec 234A specifically mentioned return not filed u/s 139(1) & 139(4). Any case law available to get waiver of interest U/S 234A for filing return u/s 139(9).
Posted by
CA. CHAVAN TRUPTI GAJANAN
on
Dec 31, 2022
Filed Under
DIRECT TAXES
Answer ID :
83862
If the defect is rectified and 139(9) return is filed with in the time allowed in the defect notice, 139(1) return filed in time gets valid. Consequently, 234A interest levied is wrong and against law.
No case law on hand to substantiate the above, but a corollary to National Insurance Co Ltd vs. CIT (1994) 72 Taxman 161 (Cal).
Posted by
B.CHACKRAPANI WARRIER on
Jan 02, 2023
Answer ID :
83865
If return is filed in response to notice under section 13(9), interest under section 234A is not leviable.
Posted by
CA. chunauti dholakia on
Jan 02, 2023