TMI Blog1989 (11) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in assessments framed after 31.3.1975. The facts are not in dispute and can be conveniently expressed as follows :-- --------------------------------------------------------------------------------------------------------------------------------------------------- Assessment First appeal TDS Advance tax Self- Amount paid assessment of u/s. 140A refund --------------------------------------------------------------------------------------------------------------------------------------------------- (1) (2) (3) (4) (5) (6) -------------------------------------------------------------------------------------------------------------------------------------------------- ASST. YEAR 1973-74 Assessment Vide CIT(A)'s Rs. 60,654 (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Rs.7,67,222. dt. 15.11.79 Rectified income taken again on as Rs. 30.1.81. 5,75,14,000 on which tax payable was Rs. 3,32,14,393. -------------------------------------------------------------------------------------------------------------------------------------------------- The assessee filed under section 154 requesting that it be allowed interest under section 244(1A) with reference to the amounts of TDS, advance tax and self-assessment tax. However, the Income-tax Officer rejected the assessee's claim observing that no part of the refund could be said to be due to the assessee " as a result of any amount having been paid after 31.3.1975 in pursuance of assessment order and such amount or any part thereof having been found in appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in appeal for all the three assessment years. Shri M.L. Gupta, the learned counsel for the assessee strongly relied on the provisions of sections 140A, 199, 219 and 244(1A). He pointed out that the view taken by the Delhi High Court in the case of National Agricultural Co-operative Marketing Federation of India Ltd. was also taken by the Punjab Haryana High Court in the case of CIT v. Leader Engg. Works [1989] 178 ITR 529. He also referred to a Third Member decision of the Appellate Tribunal in the case of Phelps Co. (P.) Ltd. v. ITO [1988] 25 ITD 96 (Delhi)(TM). Lastly he reiterated the reliance on the following decisions of the Tribunal which had been cited before the learned Commissioner of Income-tax (Appeals) as well :-- (1) ITO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of the refund referred to in sub-section (1) is due to the assessee, as a result of any amount having been paid by him after the 31st day of March, 1975, in pursuance of any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceedings under this Act to be in excess of the amount which such assessee is liable to pay as tax or penalty, as the case may be, under this Act, the Central Government shall pay to such assessee simple interest at the rate specified in sub-section (1) on the amount so found to be in excess from the date on which such amount was paid to the date on which the refund is granted : " The crucial expression used in the said provision is " ... as a result of any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as sec. 140A is concerned, it is so widely worded as to provide that after a regular assessment has been made, any amount paid under sec. 140A(1) shall be deemed to have been paid towards such regular assessment. This language is wider and stronger than the language used in sec. 199 or 219. Therefore, the decision of the jurisdictional High Court of Delhi in the case of National Agricultural Co-operative Marketing Federation of India Ltd. would apply with equal force to the case of TDS and self-assessment tax. The assessee in the present case has asked for interest from the date of adjustment to the date of refund. In fact in the Third Member decision of Delhi Bench 'B' in the case of Phelps Co. (P.) Ltd. the Tribunal was dealing with sel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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