TMI Blog2013 (9) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... not submitted with the return and were filed during the course of the assessment proceedings, the Tribunal has noted that the tax was in fact deducted at source at the right time - Since the benefit of TDS has been allowed to the assessee, interest under Section 244A could not be denied only on the ground that the TDS certificates were not furnished with the return of income. Tax was deducted and deposited in the exchequer in time. Section 244A(2) is not attracted – In the light of the above judgment in the case, the issue is decided in favor of Assessee – Decided against the Revenue. - Income Tax Appeal No. - 52 of 2004 - - - Dated:- 16-9-2013 - Hon'ble Rajiv Sharma And Hon'ble Dr. Satish Chandra,JJ. For the Appellant : P. Agrawal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed an order under Section 154, where the interest was not allowed under Section 244A in view of the delay on the part of the assessee. The A.O. observed that the delay is on the part of the assessee, so no interest shall be allowed. In first appeal, CIT(A) has confirmed the order passed by the A.O. by observing that the TDS certificates were not filed along with the return of the income. Therefore, credit was not given. It is only at the very late stage that TDS certificates were filed and refunds were issued. The delay is apparently attributable to the assessee-Company. Interest has been rightly denied. However, the Tribunal vide its impugned order has directed the A.O. to allow interest under Section 244A of the Act on the amount of ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the Tribunal. He submits that the assessee has filed TDS certificates along with the application under Section 154. Thus, once the TDS certificates have been filed on that date and the A.O. has passed the order, then no delay is attributed. After hearing both the parties and on perusal of the record, it appears that refund of the interest under Section 244A is a substantial question of law against which the appeal lies in the High Court. Hence, the order passed by the A.O. is appealable to the High Court. So, in this regard, the submission of the learned counsel for the Department is not sustainable. It may be mentioned that Section 244A is constitutionally valid in providing for payment of interest on excess tax deducted at sou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Commissioner of Income-tax vs. Larsen Toubro Ltd., [2011] 330 ITR 340 (Bom), observed that :- "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 so attributable shall be excluded from the period for which the interest is payable. In the present case, Section 244A(2) is clearly not attracted. The proceeding resulting in the refund was not delayed for reasons attributable to the assessee. Though the TDS certificates were not submitted with the return and were filed during the course of the assessment proceedings, the Tribunal has noted that the tax was in fact deducted at source at the right time. In the circumstances, the T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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