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2002 (2) TMI 11 - HC - Income TaxInterest payable by Government - Interest on refund where no claim is needed - interest under sections 214 and 244(1A) Up to March 31, 1975, interest under section 214 is payable from the first day of April of the relevant assessment year to the date of the first assessment order. If any further amount is found refundable as a result of any appellate or other order, then interest under section 244 is payable on the amount of refund. But interest is not payable under both the sections 214 and 244(1A) simultaneously Tribunal was not justified in holding that the assessee was entitled to interest under sections 214 and 244(1A) - The Tribunal was justified in law in holding that the assessee was entitled to benefit of interest under section 244(1A) on refunds in respect of any amount of tax including self assessment tax paid or given credit in the assessment completed after March 31, 1975
Issues Involved:
1. Entitlement to interest under sections 214 and 244(1A) of the Income-tax Act for the assessment years 1972-73 to 1976-77. 2. Entitlement to interest under section 244(1A) on refunds for any amount of tax, including self-assessment tax, paid or given credit in assessments completed after March 31, 1975. Issue-wise Detailed Analysis: Issue 1: Entitlement to Interest Under Sections 214 and 244(1A) for Assessment Years 1972-73 to 1976-77 The court examined whether the assessee was entitled to interest under sections 214 and 244(1A) of the Income-tax Act for the assessment years 1972-73 to 1976-77 in light of the Supreme Court judgment in Modi Industries Ltd. [1995] 216 ITR 759. The court noted that the scope of sections 214 and 244(1A) is different: - Section 214: Provides for interest on excess advance tax paid from the date of payment to the date of regular assessment. It does not extend to interest on amounts found refundable due to appellate or revisional orders. - Section 244(1A): Provides for interest on refunds resulting from appellate or other proceedings, calculated from the date of payment to the date of refund. The court highlighted that the term "regular assessment" in section 214 refers specifically to the original assessment made under sections 143 or 144 and does not include subsequent modifications by appellate or revisional authorities. The court concluded that the Tribunal was not justified in holding that the assessee was entitled to interest under both sections 214 and 244(1A) simultaneously. Issue 2: Entitlement to Interest Under Section 244(1A) on Refunds for Tax Paid or Credited After March 31, 1975 The court examined whether the assessee was entitled to interest under section 244(1A) on refunds for any amount of tax, including self-assessment tax, paid or given credit in assessments completed after March 31, 1975. The court affirmed that section 244(1A) applies where the tax or penalty paid by the assessee is found to be in excess due to appellate or other proceedings. Interest is payable from the date of payment to the date of refund. The court referenced the Supreme Court's interpretation in Modi Industries Ltd., which clarified that interest under section 214 is payable only up to the date of the first assessment order, and any further interest on refunds due to appellate orders must be calculated under section 244(1A). The court concluded that the Tribunal was justified in holding that the assessee was entitled to interest under section 244(1A) on refunds for taxes paid or credited after March 31, 1975. Conclusion: 1. First Question: The Tribunal was not justified in holding that the assessee was entitled to interest under sections 214 and 244(1A) simultaneously. The court answered this question in the negative and in favor of the Revenue. 2. Second Question: The Tribunal was justified in holding that the assessee was entitled to interest under section 244(1A) on refunds for any amount of tax, including self-assessment tax, paid or credited in assessments completed after March 31, 1975. The court answered this question in the affirmative, in favor of the assessee. The reference was answered accordingly, with the first question resolved in favor of the Revenue and the second in favor of the assessee.
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