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2014 (7) TMI 913 - HC - Income TaxClaim of interest on delayed refund u/s 244(1A) – Held that:- The second proviso to Section 244 (1A) of the Act only excludes a period of one month for payment of interest – Relying upon Commissioner Of Income Tax Versus Hansa Agencies Private Limited [1997 (9) TMI 49 - PUNJAB AND HARYANA High Court] - assessee is entitled to interest u/s 244 (1A) of the Act on the Self-Assessment Tax paid by him from the date when the original assessment order was made with the rider in terms of second proviso to Section 244 A of the Act, a period of one month from the date of passing the order in appeal will not carry any interest and the same is to be excluded - the Commissioner of Income Tax, Mumbai is directed to pay after verification to the assessee the amount being the interest payable from 28th March 1989 to the date of grant of refund on 30th March 1998 after excluding a period of one month as provided in second proviso to Section 244(1A) of the Act. The Revenue by not paying over the interest due have deprived the assessee of its money for sixteen long years – following the decision in Commissioner of Income Tax, Gujarat Versus Gujarat Fluoro Chemicals [2013 (10) TMI 117 - SUPREME COURT] - Commissioner of Income Tax is directed to verify and pay the amount being the interest payable from 28th March 1989 up to the grant of refund on 30th March 1998 after having excluded interest for one month in terms of second proviso to Section 244(1A) of the Act – the assessee’s prayer to direct the Commissioner of Income Tax to grant interest on the interest of ₹ 6,76,002/- from 28th March 1989 till payment is rejected – Decided partly in favour of Assessee.
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