9911796707
TMI Blog2024 (11) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmit that in the present case, a family property was sold in the Financial Year 2004-05, out of the sale proceeds, the petitioner's mother is entitled to 1/5th share, which would come around Rs. 62,26,175/-; that since the property sold was an agricultural property, question of payment of tax towards capital gain would not arise, however, Section 148 Notice was issued, fearing action would be taken against her, consequent to the said notice, a sum of Rs. 16,00,000/- was paid on 15.02.2013, Rs. 9,03,550/- on 28.03.2013 and a sum of Rs. 3,45,310/- at the time of filing of return of income; that against the issuance of Section 148 notice and the consequential assessment order, the co-owners of the property filed an Appeal before the Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Assessing Officer towards the claim for refund is bereft of such particulars, which necessitated the petitioner to file Rectification Petition on 06.07.2021 followed by a Reminder on 07.06.2023, however, the respondent by virtue of the impugned order, failed to consider the petitioner's claim for interest. According to the learned counsel the petitioner is entitled to 12% interest from the date of filing of the revision i.e. from 31.03.2014 onwards till the date of the Rectification Petition. Therefore, the learned counsel prayed for allowing the Writ Petition. 3. Per contra, Dr.B.Ramaswamy, learned Senior Standing Counsel for the respondent would submit that the respondent-Department arrived at the interest based on the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the part of the petitioner is not allowable as per the provisions of section 244 A (2) of the income. '' 4. I have given due considerations to the submissions made on either side and perused the materials available on record. 5. In the present case, it is seen that the petitioner's mother, P.Dhanalakshmi was the joint owner of the agricultural lands situated at Poonamallee Village. The petitioner's mother along with her brothers sold the agricultural lands, and out of the sale proceeds, the petitioner's mother is entitled to 1/5th share, which comes around Rs. 62,26,175/-. The petitioner's transactions were considered as taxable ''capital gains' and Section 148 notice was issued by the respondent-Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the calculation sheet, has mistakenly shown the tax paid amount at Rs. 28,46,891/-, which is as against the actual payment of Rs. 28,48,860/-. Though the petitioner filed a Petition seeking for such rectification dated 07.06.2023 filed on 08.07.2023, the same came to be dismissed by means of the impugned order dated 03.10.2023 on the ground that as per the provisions of the Section 244 A (2) of the Act, if the proceedings resulting in the refund are delayed for the reasons attributable to the assessee (petitioner in this case), the delay so attributable to him shall be excluded from the period, for which, the interest is payable. 5.2 However, this Court is unable to accept the reason assigned in the impugned order for denial of the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pursuance of such direction, though the Assessing Officer passed an order dated 30.06.2021, granting refund, however, committed an error in determining the interest, which necessitated the petitioner to approach this Court by way of present Writ Petition. 5.4 Thus, in the present case, it is seen that the impugned order came to be passed negativing the petitioner's claim for interest by stating that in terms of Section 244 A (2) of the Act, if the proceedings resulting in the refund are delayed for the reasons attributable to the assessee (petitioner in this case), the delay so attributable to him shall be excluded from the period, for which, the interest is payable, but the respondent failed to take into considering that only due to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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