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Can we deduct the interest paid under section 234…

Can we deduct the interest paid under section 234A, 234B, 234C 234D and 234E be deducted while comp…

Can we deduct the interest paid under section 234A, 234B, 234C 234D and 234E be deducted while computing income from Business? Can we set off the interest paid under section 234 against Interest received under section 244A?. If yes please quote any court ruling.

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Kanishka Apr. 07, 2023

Interest paid under section 234A, 234B, 234C, 234D, and 234E of the Income Tax Act, 1961 is not deductible while computing income from business. These sections deal with the interest charged on delayed payment or non-payment of advance tax, tax deducted at source (TDS), self-assessment tax, and other taxes.

The interest paid under section 234A, 234B, 234C, 234D, and 234E is considered as an expense incurred for non-compliance with the tax provisions, and hence, it is not allowed as a deduction while computing income from business.

Regarding the second question, interest paid under section 234A, 234B, 234C, 234D, and 234E cannot be set off against the interest received under section 244A of the Income Tax Act, 1961. Section 244A provides for the payment of interest by the Income Tax Department on the excess amount of tax paid by the taxpayer.

There is no specific court ruling on this matter as the provisions of the Income Tax Act are clear on the treatment of interest paid under section 234A, 234B, 234C, 234D, and 234E. Hence, interest paid under these sections cannot be set off against interest received under section 244A or any other section of the Act.