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2005 (11) TMI 35 - HC - Income TaxInterest on the refund - "(i) Whether the expression 'the date on which the refund is granted' in clause (a) of sub-section (1) of section 244A, as was applicable in the relevant assessment year, in the facts and circumstances of the case, need to be construed to be the date of service of the refund order and the Tribunal acted contrary to law in modifying the order of the Commissioner of Income-tax (Appeals)? (ii) Whether the belated despatch of refund order is against the legislative intendment as contemplated under section 244A, and entitles the assessee for interest on the refund amount u/s 244A and also on equitable consideration till the date of service of refund order?" - In clause (a) the words have been used "refund is granted". Refund is granted the moment the concerned officer has signed the order regarding payment of the interest under section 244A. We see no error in the order of the Tribunal.
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