CA NeWs Beta*: Filing of ITR as payable

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Wednesday, August 1, 2012

Filing of ITR as payable

By not paying the self assessment tax while filing the ITR, assesseeis inviting the consequences of section 140(3) which reads:
"If any assessee fails to pay the
whole or any part of such tax or interest or both in accordance with the
provisions of sub-section (1), he shall, without prejudice to any other
consequences which he may incur, be deemed to be an assessee in default in
respect of the tax or interest or both remaining unpaid, and all the provisions
of this Act shall apply accordingly"


After being deemed Assessee-in-default(AID), he is inviting the penaltyu/s 221 which reads:
(1)
When an assessee is in default or is deemed to be in default in making a payment
of tax, he shall, in addition to the amount of the arrears and the amount of interest payable under sub-section (2) of section
220, be liable, by way of penalty, to pay such amount as the [Assessing]
Officer may direct,
and in the case of a continuing default, such further amount or amounts as the [Assessing]
Officer may, from time to time, direct, so, however, that the total amount of penalty does not exceed the amount of tax in arrears :


Therefore the assessee should keep the above provisions in mind while deferring the tax payment at his own sweet will.

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