Law:

Section:

Section 234B, read with section 234C of the Income-tax Act, 1961 - Advance tax - Interest for default in payment of - Petitioner was non-resident bank carrying on business in India through its branches - Petitioner's plea that a lesser rate of tax as applicable to domestic banks be applied to its income was accepted by CBDT - Subsequently, Commissioner (Appeals) issued notice to petitioner for enhancement of rate of tax - Even CBDT went back on its earlier decision and insisted that higher rate of tax was applicable to petitioner - Petitioner thus filed instant petition wherein its grievance was limited to waiver of interest payable on levy of higher rate of tax - In addition petitioner had prayed for a certiorari quashing order passed by Deputy Director of Income-tax (International Taxation), Kolkata, apart from a mandamus directing refund of amount already recovered and a restraint against adjustment of any future amount - It was manifest that three of four reliefs which petitioner had prayed for related to orders passed and proceedings held at Kolkata - Only fourth relief regarding waiver of interest was directed against an authority situate in Delhi - Whether prayer for a mandamus seeking waiver of interest under sections 234B and 234C had its genesis in proceedings conducted in Kolkata by authorities situated within jurisdiction of Calcutta High Court - Held, yes - Whether, therefore, there could be no impediment for petitioner to seek an appropriate relief in that regard from Calcutta High Court especially when three other major reliefs which were being prayed for in instant petition could be agitated exclusively in High Court at Kolkata where cause of action in regard to those reliefs had arisen - Held, yes - Whether, consequently, instant petition was to be dismissed reserving liability for petitioner to seek appropriate redress in appropriate proceedings before competent court - Held, yes FACTS The petitioner was a non-resident bank carrying on business in India through its branches. The petitioner claimed that a lesser rate of tax as applicable to domestic banks be applied to its income. That plea was accepted initially for the assessment year…

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