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Issues Involved:
The issue involves the entitlement of the assessee to interest under section 244(1A) of the Income-tax Act on the excess amount of preassessment tax paid, as determined by the Commissioner of Income-tax (Appeals) and upheld by the Income-tax Appellate Tribunal. Summary: Facts and Background: For the assessment year 1976-77, the assessee paid advance tax and self-assessment tax totaling Rs. 5,35,900. The Income-tax Officer framed the regular assessment on August 30, 1976, determining a net income of Rs. 8,13,688 and a tax payable of Rs. 5,55,342. After adjustments, the assessee paid a balance amount of Rs. 19,442 on December 2, 1976. An appeal by the assessee resulted in a reduction of taxable income by Rs. 1,24,135, leading to a refund of Rs. 84,724, for which the Income-tax Officer paid interest only on the deposited amount of Rs. 19,442. Decision and Appeal: The assessee applied for revision under section 154 of the Act, seeking interest on the total refundable amount from April 1, 1976. The Commissioner of Income-tax (Appeals) granted the appeal, allowing interest on the balance amount of Rs. 65,281 under section 244(1A) from April 1, 1976. This decision was upheld by the Tribunal, leading to a reference to the High Court. Court's Analysis and Decision: The High Court, considering the judgment in Modi Industries Ltd. v. CIT [1995] 216 ITR 759, modified the decision. The Court held that interest should be paid from the date of the assessment order on August 30, 1976, and not from April 1, 1976. Additionally, interest was to be payable after one month from the date of the order in appeal, in accordance with the second proviso to section 244(1A) of the Act. The Court affirmed that the assessee was entitled to interest under section 244(1A) on the sum of Rs. 65,281, with the specified modifications. The judgment favored the assessee and directed the Revenue to comply with the revised terms as per the Supreme Court's ruling in Modi Industries' case [1995] 216 ITR 759.
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