Section 232 of Income Tax Act "Recovery by suit or under other law not affected"
232. 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 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.
234A. (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 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,,
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;
98[(iia) any relief of tax allowed under section 89;]
(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
(vi) any tax credit allowed to be set off in accordance with
the provisions of section 115JAA or section 115JD.
Explanation 1.-In this section, "due date" means the date
specified in sub-section (1) of section 139 as applicable in
the case of the assessee.
Explanation 2.-In this sub-section, "tax on the total income
as determined under sub-section (1) of section 143" shall
not include the additional income-tax, if any, payable under
section 143.
Explanation 3.-Where, in relation to an assessment year, an
assessment is made for the first time under section 147 or
section 153A, the assessment so made shall be regarded as a
regular assessment for the purposes of this section.
Explanation 4.-[* * *]
(2) The interest payable under sub-section (1) shall be
reduced by the interest, if any, paid under section 140A
towards the interest chargeable under this section.
(3) Where the return of income for any assessment year,
required by a notice under section 148 or section 153A
issued after the determination of income under sub-section
(1) of section 143 or after the completion of an assessment
under sub-section (3) of section 143 or section 144 or
section 147, is furnished after the expiry of the time
allowed under such notice, or is not furnished, the assessee
shall be liable to pay simple interest at the rate of one
per cent for every month or part of a month comprised in the
period commencing on the day immediately following the
expiry of the time allowed as aforesaid, and,-
(a) where the return is furnished after the expiry of the
time aforesaid, ending on the date of furnishing the return;
or
(b) where no return has been furnished, ending on the date
of completion of the reassessment or recomputation under
section 147 or reassessment under section 153A,
on the amount by which the tax on the total income
determined on the basis of such reassessment or
recomputation exceeds the tax on the total income determined
under sub-section (1) of section 143 or on the basis of the
earlier assessment aforesaid.
Explanation.-[* * *]
(4) Where as a result of an order under section 154 or
section 155 or section 250 or section 254 or section 260 or
section 262 or section 263 or section 264 or an order of the
Settlement Commission under sub-section (4) of section 245D,
the amount of tax on which interest was payable under
sub-section (1) or sub-section (3) of this section has been
increased or reduced, as the case may be, the interest shall
be increased or reduced accordingly, and-
(i) in a case where the interest is increased, the Assessing
Officer shall serve on the assessee a notice of demand in
the prescribed form specifying the sum payable, and such
notice of demand shall be deemed to be a notice under
section 156 and the provisions of this Act shall apply
accordingly;
(ii) in a case where the interest is reduced, the excess
interest paid, if any, shall be refunded.
(5) The provisions of this section shall apply in respect of
assessments for the assessment year commencing on the 1st
day of April, 1989 and subsequent assessment years.