Income Tax Act, 1961
Section 3: Subs. by Act 4 of 1988, s. 2, for “Income-tax Officer” (w.e.f. 11988).
3. Subs. by Act 4 of 1988, s. 2, for “Income-tax Officer” (w.e.f. 11988).
691
231. [Period for commencing recovery proceedings.]—Omitted by the Direct Tax Laws
(Amendment) Act, 1987 (4 of 1988), s. 93 (w.e.f. 11989).
232. Recovery by suit or under other law not affected.—The several modes of recovery specified
in this Chapter shall not affect in any way—
(a) any other law for the time being in force relating to the recovery of debts due to Government;
or
(b) the right of the Government to institute a suit for the recovery of the arrears due from the
assessee;
and it shall be lawful for the 1[Assessing Officer] or the Government, as the case may be, to have recourse
to any such law or suit, notwithstanding that the tax due is being recovered from the assessee by any
mode specified in this Chapter.
E.—Tax payable under provisional assessment
233. [Recovery of tax payable under provisional assessment.]—Omitted by the Taxation Laws
(Amendment) Act, 1970 (42 of 1970), s. 39 (w.e.f. 11971).
234. [Tax paid by deduction or advance payment.]—Omitted by the Direct Tax Laws (Amendment)
Act, 1987 (4 of 1988), s. 126 (w.e.f. 11989).
2[F.—Interest chargeable in certain cases
234A.Interest for defaults in furnishing return of income.—(1) Where the return of income for
any assessment year under sub-section (1) or sub-section (4) of section 139, or in response to a notice
under sub-section (1) of section 142, is furnished after the due date, or is not furnished, the assessee shall
be liable to pay simple interest at the rate of 3[one per cent.] for every month or part of a month comprised
in the period commencing on the date immediately following the due date, and,—
(a) where the return is furnished after the due date, ending on the date of furnishing of the return;
or
(b) where no return has been furnished, ending on the date of completion of the assessment under
section 144,
4[on the amount of the tax on the total income as determined under sub-section (1) of section 143, and
where a regular assessment is made, on the amount of the tax on the total income determined under
regular assessment, as reduced by the amount of,—
(i) advance tax, if any, paid;
(ii) any tax deducted or collected at source;
(iii) any relief of tax allowed under section 90 on account of tax paid in a country outside India;
(iv) any relief of tax allowed under section 90A on account of tax paid in a specified territory
outside India referred to in that section;
(v) any deduction, from the Indian income-tax payable, allowed under section 91, on account of
tax paid in a country outside India; and
Act, 1987 (4 of 1988), s. 93 (w.e.f. 11989).
232. Recovery by suit or under other law not affected.—The several modes of recovery specified
in this Chapter shall not affect in any way—
any other law for the time being in force relating to the recovery of debts due to Government;
or
the right of the Government to institute a suit for the recovery of the arrears due from the
assessee;
and it shall be lawful for the 1[Assessing Officer] or the Government, as the case may be, to have recourse
to any such law or suit, notwithstanding that the tax due is being recovered from the assessee by any
mode specified in this Chapter.
E.—Tax payable under provisional assessment
233. [Recovery of tax payable under provisional assessment.]—Omitted by the Taxation Laws
Act, 1970 (42 of 1970), s. 39 (w.e.f. 11971).
234. [Tax paid by deduction or advance payment.]—Omitted by the Direct Tax Laws
Act, 1987 (4 of 1988), s. 126 (w.e.f. 11989).
2[F.—Interest chargeable in certain cases
234A.Interest for defaults in furnishing return of income.—
Where the return of income for
any assessment year under sub-section
or sub-section
of section 139, or in response to a notice
under sub-section
of section 142, is furnished after the due date, or is not furnished, the assessee shall
be liable to pay simple interest at the rate of 3[one per cent.] for every month or part of a month comprised
in the period commencing on the date immediately following the due date, and,—
where the return is furnished after the due date, ending on the date of furnishing of the return;
or
where no return has been furnished, ending on the date of completion of the assessment under
section 144,
4[on the amount of the tax on the total income as determined under sub-section
of section 143, and
where a regular assessment is made, on the amount of the tax on the total income determined under
regular assessment, as reduced by the amount of,—
advance tax, if any, paid;
any tax deducted or collected at source;
any relief of tax allowed under section 90 on account of tax paid in a country outside India;
any relief of tax allowed under section 90A on account of tax paid in a specified territory
outside India referred to in that section;
any deduction, from the Indian income-tax payable, allowed under section 91, on account of
tax paid in a country outside India; and