Interest u/s 234

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Mitul Sinha (Querist)
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13 June 2011 What is writ petetion ? And is it maintainable against levy of interest u/s 234A,234B & 234C ?

Please explain ASAP...

Thank you..

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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14 June 2011 A writ petition is a filing that a party makes with an appeals court in order to secure a speedy review of some issue. Writ will not sustain since constitutional validity of charging interest under the referred sections were upheld by supreme court of India.

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C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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14 June 2011 In case any order is passed against you and you are not satisfied with the order then only you can file a writ petition before the High Court. The writ can be filed if any act is hitting constitutional rights but as regards the provisions of Section 234A, 234B and 234C is concerned the same are enacted in the provisions of the Income Tax Act. The charging of interest has been specified that if you do this this interest will be charges. In case you have paid your taxes in time and properly then no Interest shall be charged. Hence, this is not against the fundamental rights. Therefore, it cannot be challenged by way of writ.

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Mitul Sinha

Mitul Sinha (Querist)
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14 June 2011 Thanks for helping me out sir..but i'm still a bit confused...coz in my Income-tax book by V.K.Singhania ---it's written under the head : WRIT PETITION-IS IT MAINTAINABLE AGAINST LEVY OF INTEREST -

Since no appeal is provided by statute against levy of interest under section 234A,234B & 234C, writ petition is maintainable against such levy - Uday Mistanna Bhandar & Complex v. Tej Kumari Devi[1996]222 ITR 44(Pat.)

please explain..

Asha Kanta Sharma

Asha Kanta Sharma

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01 August 2024 ### **Writ Petition and Interest Under Sections 234A, 234B, and 234C**

**1. **Writ Petition**:**

- **Definition**: A writ petition is a formal written request submitted to a High Court or Supreme Court seeking judicial review of a decision or action taken by an authority. It is used to enforce the fundamental rights or to challenge administrative or quasi-judicial actions.

- **Types of Writs**: Common types of writs include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. A writ petition is often filed to challenge actions that are perceived as illegal, unjust, or beyond the authority of the concerned entity.

**2. **Interest Under Sections 234A, 234B, and 234C**:**

- **Section 234A**: Deals with interest for default in filing the income tax return on time.
- **Section 234B**: Relates to interest for default in payment of advance tax.
- **Section 234C**: Concerns interest for deferment of advance tax.

**3. **Maintainability of Writ Petitions Against Interest Levy**:**

- **No Appeal Mechanism**: The income tax statutes do not provide a specific appeal mechanism for challenging the levy of interest under Sections 234A, 234B, and 234C. This means that there is no statutory appeal route to contest these interest charges.

- **Judicial Recourse**: Since there is no alternative remedy provided by statute, a writ petition can be maintained to challenge the levy of such interest. This is because a writ petition can be used to challenge actions that are perceived as illegal or unjust, particularly when no other statutory remedy is available.

- **Legal Precedent**: The case **Uday Mistanna Bhandar & Complex v. Tej Kumari Devi [1996] 222 ITR 44 (Pat.)** is often cited in this context. In this case, the Patna High Court held that a writ petition is maintainable against the levy of interest under Sections 234A, 234B, and 234C because there is no specific appeal mechanism provided for challenging such interest.

**4. **Practical Implications**:**

- **Filing a Writ Petition**: If a taxpayer believes that the interest levied is incorrect or unjust, and no other appeal remedy is available, they may file a writ petition before the High Court or Supreme Court. The court will review the legality and fairness of the interest levy.

- **Court Review**: The court will consider whether the levy of interest is in accordance with the law and whether it was applied correctly based on the taxpayer's facts and circumstances.

### **Summary:**

- **Writ Petition**: It is a judicial remedy available to challenge decisions or actions when no specific statutory appeal mechanism exists.
- **Interest Under Sections 234A, 234B, and 234C**: Since these interest charges do not have a statutory appeal route, a writ petition can be filed to contest their levy if deemed unjust or incorrect.
- **Legal Precedent**: The cited case supports the maintainability of writ petitions in such situations.

### **Recommendation:**

- **Consult a Tax Professional**: Before proceeding with a writ petition, consult with a tax professional or legal advisor to ensure that all procedural requirements are met and to assess the strength of your case.