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2016 (2) TMI 470 - CALCUTTA HIGH COURT

2016 (2) TMI 470 - CALCUTTA HIGH COURT - TMI - Interest on Refund u/s 244A - Date from which interest is payable on refund - rectification of mistake - Whether the explanation to Section 244A(1)(b) bars payment of interest upon refund of excess payment on self-assessment? - in order u/s.154 the assessing officer held that interest u/s.244A(1)(a) is not payable on refund of excess self assessment tax whereas s.244A(1)(b) is not attracted in view of the explanation appended thereto - Held that:- W .....

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nt of such tax to the date when the refund is granted.

An error, which is by no means self-evident, cannot be called an apparent error. Nevertheless a mistake capable of being rectified u/s. 154 is not limited to clerical or arithmetical mistakes only. However it does not include any mistake which may be discovered by a complicated process of investigation, argument or proof. A decision on a debatable point of law or a disputed question of fact is not a mistake apparent from the recor .....

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it cannot be said that interest u/s.244A can be allowed only in cases where excess payments of tax is made consequent to a notice of demand u/s.156. The language of the Act is clear and there is no ambiguity in it. Hence the assessee is clearly entitled to claim interest u/s.244A on refund of excess self assessment tax. Thus in the instant case there was no mistake apparent from the record which could be rectified u/s. 154 of the Act - Decided against revenue - ITA No. 526 of 2004 - Dated:- 2-2- .....

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1992-93 and 1993-94. The questions which arise for determination are as follows:- (I) Whether in the facts and circumstances of the case the Tribunal was justified in law in granting interest to the assessee u/s.244A of Income Tax Act, 1961 on refund arising due to excess payment on self assessment of tax in view of Section 244A(1)(b), read with the explanation thereto, of Income Tax Act, 1961? (II) Whether the explanation to Section 244A(1)(b) of Income Tax Act, 1961 bars payment of interest up .....

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including self-assessment tax u/s.140A of the Act. Subsequently, the assessment u/s.143(3) was completed for both the assessment years 1992-93 and 1993-94 and certain additions were made. The assessee preferred an appeal before the Commissioner of Income Tax (Appeals) (hereinafter referred to as 'CIT(A)') who allowed certain relief resulting in an order for refund. While giving effect to the said order of the learned CIT(A), an order for refund along with interest was allowed to the ass .....

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uot;date of payment of tax or penalty" u/s.244A(1)(b) means the date on and from which the amount of tax or penalty specified in the notice of demand issued u/s.156 is paid in excess of such demand. The assessing officer, therefore held that "since any tax paid after issue of notice of demand does not include self-assessment tax, the interest is not payable on excess payment u/s. 140A." The assessee preferred an appeal against the order of the assessing officer before the CIT(A). .....

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l dated 22nd March 2004. For better appreciation of the rival contentions, it is necessary to reproduce the relevant portion of Section 244A of the Act, which reads as under:- "244-A. Interest on refunds.-(1) Where 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 following manner, namely:- (a) where the refund is out of any ta .....

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tax as determined under sub-section (1) of Section 115-WE or sub-section (1) of Section 143 or on regular assessment; (b) in any other case, such interest shall be calculated at the rate of one-half per cent for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates of payment of tax or penalty to the date on which the refund is granted. Explanation.-For the purposes of this clause, "date of payment of tax or penalty" means the dat .....

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ndia -Vs- Tata Chemicals Ltd. reported in (2014) 6 SCC 335; (II) that section 244A(1)(a) provides for interest on refunds out of Advance tax and tax deducted at source while Section 244A(1)(b) is residual in nature and provides for interest on refund in other cases including excess tax paid on self assessment u/s.140A. He relied on the CBDT Circular No. 549 dated 30 October 1989; (III) that the provisions of s.244A(1)(b) mandate that the revenue would pay interest on the amount refunded for the .....

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re is no clear mandate in Section 244A by which the assessing officer can deny interest to the assessee on the excess amount paid u/s.140A of the Act. Thus according to him there was no "mistake apparent from the record" which could have been rectified in exercise of power u/s 154. Mr. Nizamuddin learned advocate appearing for the revenue contended as follows:- (I) that the payment of interest on refund is governed by section 244A of the Act; (II) that Clause (a) of subsection (1) of s .....

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the "date of payment of tax or penalty" under Clause (b) means the date on and from which the amount of tax or penalty specified in the notice of demand issued u/s.156 is paid in excess of such demand. Therefore interest would not be payable on the refund of excess self-assessment tax, since the same was not paid consequent to any notice of demand u/s.156 of the Act; (IV) that the revenue is not obliged to pay any interest on the refund of excess self assessment tax as the statute doe .....

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g that the issue is debatable and beyond the scope of s.154 of the Act. We have heard the rival contentions advanced by the learned counsel for the parties and carefully perused the record. In the case of Tata Chemicals (supra) the issue before the Supreme Court was whether the resident/deductor is also entitled to interest on refund of excess deduction or erroneous deduction of tax at source u/s. 195 of the Act. In this case, the assessee was an Indian Company engaged in manufacture of fertiliz .....

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uct 20% of the amount payable to the foreign company before remitting the same. The assessee, accordingly made deduction and credited the amount in favour of the revenue. The assessee preferred an appeal before the CIT(A) against the aforesaid order of the assessing officer. The CIT(A) concluded that the reimbursement of expenses was not part of the income open for deduction of tax at source u/s. 195 of the Act and directed refund of the tax. The assessee thereafter claimed refund of the said am .....

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cannot be equated to the refund of the amount(s) envisaged u/s. 244A(1)(b) of the Act, wherein only the interest on refund of excess payment made u/s. 156 of the Act pursuant to a notice of demand issued on account of post-assessment tax is contemplated and not interest on refund of tax deposited under selfassessment as in the instant case. The ITAT reversed the order of the CIT(A) by holding that the tax was paid by the deductor/ resident pursuant to an order passed u/s. 195 (2) of the Act and .....

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held by the Government till a direction was issued by the appellate authority to refund the same, therefore, it should carry interest as a matter of course. Furthermore, it was held that interest was in the nature of compensation for use and retention of money collected unauthorisedly by the department. In this regard, the Apex Court held as follows:- "37. A "tax refund" is a refund of taxes when the tax liability is less than the tax paid. As per the old section an assessee was e .....

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he Government till a direction was issued by the appellate authority to refund the same. When the said amount is refunded it should carry interest in the matter of course. As held by the Courts while awarding interest, it is a kind of compensation of use and retention of the money collected unauthorisedly by the Department. When the collection is illegal, there is corresponding obligation on the Revenue to refund such amount with interest inasmuch as they have retained and enjoyed the money depo .....

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d due and payable to the assessee is debt owed and payable by the revenue. Furthermore, it was held that merely because there is no express statutory provision for payment of interest on refund of excess amount collected by the Revenue, the Government cannot evade its obligation to refund the money with accrued interest for the period of undue retention. In this regard the Apex Court held as follows:- "38. Providing for payment of interest in case of refund of amounts paid as tax or deemed .....

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ot shrug off its apparent obligation to reimburse the deductors lawful monies with the accrued interest for the period of undue retention of such monies. The State having received the money without right, and having retained and used it, is bound to make the party good, just as an individual would be under like circumstances. The obligation to refund money received and retained without right implies and carries with it the right to interest. Whenever money has been received by a party which ex a .....

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as follows:- "39. In the present case, it is not in doubt that the payment of tax made by the resident/depositor is in excess and the department chooses to refund the excess payment of tax to the depositor. We have held that the interest requires to be paid on such refunds. The catechise is from what date interest is payable, since the present case does not fall either under clause (a) or (b) of Section 244-A of the Act. In the absence of an express provision as contained in clause (a), it .....

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nterest from the date of payment of such tax." The contention of the Revenue that Clause (b) is not applicable in view of the explanation which only admits of interest on refund of any amount paid in excess consequent to notice of demand issued u/s. 156 was answered as follows by the Apex Court:- "since the said payment is not made pursuant to a notice issued u/s. 156 of the Act, Explanation to clause (b) has no application." The Bombay High Court in Stockholding Corporation of In .....

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assessment would fall u/s. 244A(1)(b) of the Act, i.e. a residuary clause covering refunds of amount not falling u/s. 244A(1) of the Act. The revenue contends that in the absence of tax on self assessment finding mention in Section 244A(1)(a) of the Act, no interest is payable u/s. 244A(1) of the Act and Section 244A(1)(b) of the Act would have no application. This contention is opposed to the meaning of the provision disclosed even on a bare reading. If the tax paid is not covered by clause (a .....

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- (a) if the refund is out of any advance tax paid or tax deducted at source during the financial year immediately preceding the assessment year, interest shall be payable for the period starting from the 1st April of the assessment year and on the date of grant of the refund. No interest shall, however, be payable, if the amount of refund is less than 10 per cent of the tax determined on regular assessment; (b) if the refund is out of any tax, other than advance tax or tax deducted at source or .....

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that nowhere does the CBDT even remotely suggest that interest is not payable by the Department on self-assessment tax. Moreover, the amount paid u/s. 140A of the Act on self assessment is an amount payable as and by way of the tax after noticing that there is likely to be shortfall in the taxes already paid. Thus this payment is considered to be a tax under the aforesaid provision. 8. The contention of revenue is that no interest at all is payable to the petitioner u/s. 244A(1)(a) and (b) of t .....

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commences with the words "in any other case….". The words used in Section 244A(1) of the Act are clear inasmuch as it provides that refund of any amount that become due to any assessee under the Act will entitle the assessee to interest. In any case in the present facts, the amount on which the refund is being claimed was originally paid as tax on self-assessment u/s. 140A of the Act and evidence of the same in the form of challan was enclosed to the Return of Income. In fact w .....

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h amounts which are not tax." As regards the contention that interest on refund u/s.244A(1)(b) is payable only in cases where the excess tax is paid in consequence to a demand notice u/s.156 their lordships in Stock Holding Corporation (supra) have held as follows:- "11. The further submission of Mr. Pinto that in view of the Explanation to Section 244A(1)(b) of the Act the same would apply only when the amounts are paid consequent to a notice issued u/s. 156 of the Act. Not otherwise. .....

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in the second appeal by the Tribunal as well as by the High Court and the Apex Court. 12. Similarly, the next contention urged on behalf of the revenue that the payment of interest should only be made from the date of notice u/s. 156 of the Act is issued to the petitioner in terms of Explanation to Section 244A(1)(b) of the Act cannot be accepted for two reasons. Firstly, as held by the Supreme Court in Tata Chemicals (supra), the Explanation would have effect only where payments of tax have bee .....

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f Mr. Pinto that the interest is payable not from the date of payment but from the date of demand notice u/s. 156 of the Act cannot be accepted as otherwise the legislation would have so provided in Section 244A 1(b) of the Act, rather then having provided from the date of payment of the tax." The object and reasons for introduction of Section 244A was clarified by the CBDT in its circular no.549 dated 31st October, 1989. Relevant paragraphs of the circular are as follows:- "11.2 Inser .....

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was payable to the assessee for delay in payment of refund as a result of an order passed in appeal, etc., from the date following after the expiry of three months from the end of the month in which such order was passed to the date on which refund was granted. The rate of interest under all the three sections was 15% per annum. 11.3. These provisions, apart from being complicated left certain gaps for which interest was not paid by the Department to the assessee for the money remaining with th .....

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und. The Amending Act, 1987, has also amended Sections 214, 243 and 244 to provide that the provisions of these sections shall not apply to the Assessment Year 1989-1990 or any subsequent assessment years." (Emphasis supplied) The Supreme Court in Tata Chemicals (supra) clarified the intent of the legislature and the object behind the Section 244A in the following words:- "30. The refund becomes due when tax deducted at source, advance tax paid, self-assessment tax paid and tax paid on .....

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or the period for which the proceedings resulting in the refund are delayed for the reasons attributable to the assessee (wholly or partly). The rate of interest and entitlement to interest on excess tax are determined by the statutory provisions of the Act. Interest payment is a statutory obligation and non-discretionary in nature to the assessee. In tune with the aforesaid general principle, Section 244-A is drafted and enacted. The language employed in Section 244-A of the Act is clear and pl .....

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he earlier provisions with regard to non-payment of interest by the Revenue to the assessee for the money remaining with the Government, the said section is introduced for payment of interest by the Department for delay in grant of refunds. A general right (sic duty) exists in the State to refund any tax collected for its purpose, and a corresponding right exists to refund to individuals any sum paid by them as taxes which are found to have been wrongfully exacted or are believed to be, for any .....

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efund of any amount" becomes due to the assessee, the assessee is entitled to simple interest thereon. The mode and manner of calculating such interest is laid down in Clause (a) and (b) of Sub-section (1) of the said section. Where the refund is out of pre-paid taxes, interest is calculated in terms of Section 244A(1)(a) of the Act. Where the refund is of taxes paid other than pre-paid taxes covered in Clause (a), the computation of interest is for the period prescribed in Clause (b), Sub- .....

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y provision of this Act for any delay in furnishing; the return", makes it clear that there is no difference between: (i) the tax paid u/s. 115WJ, which deals with advance tax in respect of fringe benefits; or (iii) the tax collected at source u/s. 206C; or (iii) any tax paid by way of advance tax or any tax treated as paid u/s. 199, which deals with credit for tax deducted, which are provided u/s. 244A(1)(a). 12. The tax due on the returned income has to be paid by way of tax deducted at s .....

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essment which is subsequently reduced/modified in appeal, any payment of taxes made, which are subsequently refunded as a consequence of relief obtained in appeals, etc., are monies legitimately belonging to the tax payers and wrongly withheld by the Government. This is based on the principle that if the Revenue had, in the first instance, made correct assessment of the tax liability of the assessee, the assessee would not have been deprived by the use of money. In such a situation, where pre-pa .....

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way of payment of interest for monies legitimately belonging to the assessee and wrongfully retained by the Government, without any gaps. 15. Therefore, in our view where the self-assessment tax paid by the assessee u/s. 140A is refunded, the assessee should be, on principle entitled to interest thereon since the selfassessment tax falls within the expression "refund of any amount". The computation of interest on self-assessment tax has to be in terms of Section 244A(1)(b), i.e., from .....

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wrongfully retained (Sandvik Asia Ltd., supra)." (Emphasis supplied) In CIT -Vs- Vijaya Bank reported in (2011) 338 ITR 489 (Karnataka) the revenue came up in appeal before the Karnataka High Court against an order of the tribunal whereby interest was granted on the refund of excess payment by way of self-assessment from the date of payment of tax. The dispute was regarding the date from which interest is payable on such refund. Revenue contended that refund of self assessment tax did not f .....

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ck to the actual date of payment of tax. The Karnataka High Court rejected this contention of the revenue and held as follows:- "13. Therefore, the object behind the insertion of section 244A, as understood by the Department, is that an assessee is entitled to payment of interest for money remaining with the Government which would be ordered to be refunded. Therefore, if that is the object behind the insertion of section 244A, the contention of the Revenue that if the case does not fall und .....

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ount, then the question would be, from what date interest is payable since interest is payable on such refunds u/s. 244A. In the absence of an express provison as contained in clause (a), it cannot be said that the interest is payable from the 1st day of April of the assessment year. At the same time, as the said payment of tax was not made in pursuance of a notice of demand issued u/s. 156, Explanation to clause (b) of section 244A has no application. In such cases, as the opening words of clau .....

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scheme of section 244A and the circular issued by the Board which shows how the Department has understood the section coupled with the fact that the principle underlying the said section is that, any excess payment of tax paid by the assessee is not only to be refunded but it has to be refunded with interest, if the case of the assessee does not fall under clause (a) or the Explanation to clause (b), the excess tax paid shall be refunded with interest from the date of payment of such tax." .....

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ntained in Section 115WJ (Advance tax in respect of fringe benefits), Section 199 (Credit for tax deducted), Section 206C (Profits and gains from the business of trading in alcoholic liquor, forest produce, scrap, etc.) or Section 207 (Liability for payment of advance tax) have no connection with the liability to pay selfassessment tax. Therefore, clause (a) of sub-section (1) of Section 244A would not apply to refund out of the amount paid as self-assessment tax. Clause (b), on the other hand, .....

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nation appended to the clause to be indicative of the date of payment of the amount "specified" in the demand notice u/s. 156. Thus, the legislation makes it clear that for the residuary clause, the amount paid by the assessee (from which refund is to be made) must have been deposited pursuant to demand notice issued by the assessing authority. To put it conversely, the clause would not apply, by virtue of the explanation, in case the excess amount (being refunded) has been paid by the .....

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rification given in the case of Commissioner of Income Tax, Gujarat v. Gujarat Fluoro Chemicals (supra). There is no liability of the Revenue to pay tax on refund beyond the liability created by the statutory provisions. In the case of Union of India v. Tata Chemicals (supra), the collection of the tax (through deductor) was found to be illegal, thus giving rise to the liability to pay interest on the refunded amount. 34. We, thus, conclude that there cannot be a general rule that whenever a ref .....

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be accompanied by payment of interest at the statutorily prescribed rate. Conversely, if the assessee is to blamed for the miscalculation (or for delay or, for that matter, want of claim of refund), the Revenue does not owe any interest even if the excess payment of tax is liable to be refunded." (Emphasis supplied) The Division Bench in Engineers India Ltd. (supra) differed from the view expressed in Sutlej Industries (supra) and held as follows:- "35. Having found the position of la .....

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nt tax resulting from a claim to such effect being made by the assessee in the return. In the case at hand, the Revenue had not made the excessive assessment so as to impel the deposit of self-assessment tax in excess. The assessee did not make a claim for refund in the return. Such claim appears to have come later. 37. For the very same reasons as set out above, we are not inclined to endorse the view taken by Madras High Court in the case of CIT v. Cholamandalam Investment & Finance Co. Lt .....

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oing reasons, we answer the substantial question of law mentioned in para 3 above accordingly in favour of the Revenue. 39. In absence of explanation as to how the assessee erred in calculation of self-assessment tax, there being no allegation that such excess deposit was pursuant to demand by the Revenue, the claim for interest on excess payment voluntarily made cannot be sustained. In the result, the appeal is allowed and the impugned order passed by ITAT directing the AO to pay interest to th .....

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uestion of law for our consideration and authoritative pronouncement by order dated 23.08.2012: "The question which arises in this case is, whether interest is payable by the Revenue to the assessee if the aggregate of instalments of Advance Tax /TDS paid exceeds the assessed tax?" .. . 5. In our considered view, the aforesaid judgment has been misquoted and misinterpreted by the assessees and also by the Revenue. They are of the view that in Sandvik case (supra) this Court had directe .....

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due to the delay in its payment after the lapse of statutory period. In the facts of that case, this Court had come to the conclusion that there was an inordinate delay on the part of the Revenue in refunding certain amount which included the statutory interest and therefore, directed the Revenue to pay compensation for the same not an interest on interest. 7. Further it is brought to our notice that the Legislature by the Act No. 4 of 1988 (w.e.f. 01.04.1989) has inserted Section 244A to the Ac .....

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sue which came up for consideration before the Division Bench. The issue was already covered by a judgement, in the case of Sutlej Industries (supra) of a co-ordinate bench. b) Apropos to the question one can argue on the basis of Gujrat Fluro Chemicals (supra) that "it is only that interest provided for under the statute which can be claimed by an assessee." c) The Apex Court in the case of Tata Chemicals (supra) opined, in paragraph 38 quoted above, that "providing for payment o .....

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o pay such assessed tax u/s. 140A which is as follows:- "(3) If any assessee fails to pay the whole or any part of such tax or interest or both in accordance with the provisions of sub-section (1), he shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the tax or interest or both remaining unpaid, and all the provisions of this Act shall apply accordingly." f) The basis of the views expressed in Engineers India Ltd .....

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sed by their lordships in Tata Chemicals (supra) that the explanation to clause (b) would have effect only where payment of tax is made pursuant to a notice u/s.156 of the Act. h) From the circular issued by CBDT it would appear that Sectin 244A was enacted "to remove this inequity". The Apex Court in Tata Chemicals (supra) held in paragraph 31 (quoted above) "a corresponding right exists to refund to individuals any sum paid by them as taxes which are found to have been wrongfull .....

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eceive, in addition to the said amount, simple interest thereon calculated in the following manner, namely." The aforesaid right is, we admit, subject to provisions of Section 244A. Section 244A does not deny payment of interest in case of refund of amount paid under Section 140A. On the contrary Clause-(b) being a residuary clause necessarily includes payment made u/s. 140A. j) And finally in the instant case the CIT(A) found that the income tax liability as assessed earlier was erroneous .....

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tion sometimes refers to "disgorging of something which has been taken" and sometimes refers to "compensation for injury done". Law does not favour unjust enrichment nor does it favour unjust impoverishment. The principle of unjust enrichment proceeds on the basis that it would be unjust to allow one person to retain a benefit received at the expense of another person. It provides the theoretical foundation for the law governing the doctrine of restitution which was echoed in .....

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ayable on refund of excess self assessment tax from the date of payment of such tax to the date when the refund is granted. We are also supported in our view by the following judgments:- In Commissioner of Income-Tax vs. Cholamandalam Investment and Finance Co. Ltd. reported in (2007) 294 ITR 438 (Mad) (SLP bearing no. 16877/2008 dismissed vide order dated 3/12/2009) the issue was whether the assessee was entitled to interest under section 244A as per clause (1)(b) of that section when the refun .....

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such tax together with interest payable under any provision of this Act for any delay in furnishing the return", makes it clear that there is no difference between: (i) the tax paid under section 115WJ, which deals with advance tax in respect of fringe benefits; or (ii) the tax collected at source under section 206C; or (iii) any tax paid by way of advance tax or any tax treated as paid under section 199, which deals with credit for tax deducted, which are provided under section 244A(1)(a). .....

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ent, of the tax as determined under section 143(1) or on the regular assessment, because there is no proviso to section 244A(1)(b) as provided under section 244A(1)(a). 8. That apart, the law is well-settled that even for the refund of tax paid under section 140A on self-assessment, the assessee is entitled to interest as held by this court in CIT v. Ashok Leyland Ltd., [2002] 254 ITR 641. 9. It is also trite law that wherever the assessee is entitled to refund, there is a statutory liability on .....

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are withheld wrongly and contrary to law. The Government is liable to pay interest, at the rate applicable to the excess amount refunded to the assessee,…' " In CIT v M/s. Vam Organic Chemiclas Ltd. (Income Tax Appeal No. 49 of 2007 Allahabad High Court, decided on 26th February 2015) the Court relying on Vijaya Bank (supra), Stock Holding Corporation of India (supra), Cholamandalam Investment and Finance Company (supra) and Tata Chemicals (supra) held as follows:- "5. Secti .....

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(1) of Section 143 or on regular assessment. However, in respect to matters governed by Section 244A (1)(b), there is no such restrictions. Even if the amount refunded is less than ten per cent, it would attract interest since there is no proviso unlike Section 244A(1)(a)… . . . 11. The Scheme of statute makes it very clear that liability of interest as per the situation is on both the sides. Where assessment is completed at an income higher than the returned income, the tax payable by As .....

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d of excess tax along with the interest. 12. Then comes the question as to from which date interest is payable. On this question also, we find that matter has been examined by Karnataka High Court in Commissioner of Income Tax Vs. Vijaya Bank (supra) and Bombay High Court in Stock Holding Corporation of India Limited (supra). The contention of Revenue that the interest should be paid from the date of notice under Section 156 in terms of Explanation in Section 244A(1)(b) was rejected by observing .....

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interest is payable not from the date of payment but from the date of demand notice under section 156 cannot be accepted as otherwise the legislation would have so provided in section 244A(1)(b), rather than having provided from the date of payment of the tax.' " The Kerala High Court in ACIT -Vs- M/s. Kerala Transport Company reported in (2014) 222 Taxman 149, the Rajasthan High Court in CIT -Vs- M/s. Mangalam Arts reported in (2013) 218 Taxman 51 and the Punjab & Haryana High Cour .....

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ntended that section 244A does not mandate that interest is not to be allowed on refund of excess self assessment tax and thus there was no "mistake apparent from the record" which could have been corrected u/s 154 of the Act. Sub -Section (1) of Section 154 of the Act reads as follows:- "154. Rectification of mistake.- (1) With a view to rectifying any mistake apparent from the record an income tax authority referred to in Section 116 may,- (a) amend any order passed by it under .....

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er to rectify a mistake u/s.154, however, does not extend to revision or review of the order. The word apparent means something, which is clearly visible or understood or obvious. Therefore a mistake which can be rectified u/s.154 is one which is patent, which is obvious and whose discovery is not dependent on argument or elaboration. The rectification of an order does not imply that the original order is replaced by a completely new order. In the instant case the assessing officer has attempted .....

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n a debatable point of law or a disputed question of fact is not a mistake apparent from the record. The ordinary meaning of the word "apparent" is that it should be something, which appears to be so ex facie that it does not admit scope for any argument or debate. It, therefore, follows that a decision on a debatable point of law or fact or failure to apply the law to a set of facts which remains to be investigated cannot be corrected by way of rectification. Reference in this regard .....

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ons -Vs.- The Assistant Director of Income Tax (ITA. No. 242 of 2014) the Kerala High Court by Judgment dated 8th September 2015 held as follows:- "By invoking the power of rectification, the ultimate conclusion of a decision cannot be changed. So also, the employment of the words phraseologies in Sec.154 shows that by rectification it intended only to correct any mistake and amend the same accordingly. It is a settled proposition of law that rectification is a process by which a mistake is .....

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