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2021 (12) TMI 605 - BOMBAY HIGH COURTInterest u/s 244A of the Act on the advance tax payment - HELD THAT:- Under Section 237 of the Act, if any person satisfies the Assessing Officer that the amount of tax paid by him or on his behalf or treated as paid by him or on his behalf for any assessment year exceeds the amount with which he is properly chargeable under this Act for that year, he shall be entitled to a refund of the excess. Section 244A provides that where the refund of any amount becomes due to the assessee under this Act, he shall, subject to the provisions of this Section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in the manner provided in the Sub Section (1) of Section 244 of the Act. Section 244A(2) provides that in the event the proceeding resulting in refund has been delayed for reasons attributable to the assessee, the period of delay was attributable shall be excluded from the period for which the interest is payable. In this case, the proceeding resulting in the refund cannot be stated to be delayed for reasons attributable to petitioner. In any event, there is no finding that there was delay in the proceeding resulting in the refund and that delay was attributable to petitioner. It is true that petitioner submitted original advance tax challan for ₹ 40,00,000/- on 15th February 2002 after filing the return of income and not with the return of income filed on 31st October 2001, but petitioner has received intimation accepting the returned loss and granting refund on 26th January 2003 and the assessment order itself came to be passed on 30th March 2004. Therefore, the benefit of advance tax has already been allowed to the assessee, i.e., petitioner. In any event, there is no finding either by the Assessing Officer or respondent no.1 that there was delay and how petitioner was responsible for that delay. We have to also note that no reply has been filed to this petition.
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