234c interest

Tax queries 1475 views 11 replies

Hi all,

My client has issued cheque for remittance of advance tax on 15th Sep but the same got realised only on 17th. Please clarify whether interest u/s 234C will be attracted in this case.

Replies (11)

No.......

Sir,

Is there any circular to that effect?

if u deposited cheqe on 15th september no interest u/s 234C applicable. wheter cheque realised on any date.

Originally posted by : himanshu

if u deposited cheqe on 15th september no interest u/s 234C applicable. wheter cheque realised on any date.

agreed                                       

date of presentation of cheque is important and not the date on which the cheque is deposited into the bank for clearance.

agree with above


date of presentation of cheque is important and not the date on which the cheque is cleared..date will b taken as 15Sept..so donot worry dear

agree with above

Last date of depositing is 15 Sept. subject to realistion of cheque. If u have deposited ur cheque on or before 15th and it got realised then no any penalty should be levied on you but in case if cheque not got realised then penalty should be levied.

Dear VIshal Kirthic,

      There is no obligation of Interest u/s 234C on the assessee for Advance Tax Instalment paid through cheque on 15th June, 15th Sep, 15th Dec & 15th March (i.e. presentation date) and there is no matter that cheque cleared after due date, if it is not dishonoured. 

It is also decided by the supreme court in the Case of:-

CIT    V   Ogale Glass Works Ltd. (1954) 25 ITR 529 (SC)

 

It is also decided by the High Court in the Case of:-

K.Venkata Reddy    V    CIT (2001) 250 ITR 147 (AP)

with thanks & regards

Neeraj Kumar

agree with all of above


CCI Pro

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