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2013 (12) TMI 467 - AT - Income TaxInterest on refund due to assessee – The assessee was granted less amount of interest u/s 244A – Held that:- Following Sandvik Asia Ltd. [2006 (1) TMI 55 - SUPREME Court] - The withholding of interest without any justifiable reason in an arbitrary manner will entitle the assessee to claim interest on interest - The amount of refund had been paid on different dates between the period from 12.01.1991 to 26.12.1996, after passing the assessment order and there is no inordinate delay on the part of the Revenue in refunding the amount - In the order passed under Section 154 of the Act, the amount refundable have been determined only vide order dated 4.2.2003 - No amount of interest have been withheld - If there is any delay in assessment and refund of the amount, the question of payment of interest would arise and not otherwise – The assessee as well as the AO has not mentioned the period of delay of refund - The case was remitted back to the Assessing Officer for the limited purpose of calculation of interest on interest, if any arising out of delay in payment of interest.
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