1996 (8) TMI 69 - HC - Income Tax

Summary

Issues Involved:
1. Rejection of interest claim under Sections 132B and 244 of the Income-tax Act, 1961.
2. Applicability and retrospective effect of Section 132B.
3. Determination of interest payable under Section 132B(4).
4. Examination of interest claim under Section 244.

Detailed Analysis:

1. Rejection of interest claim under Sections 132B and 244 of the Income-tax Act, 1961:

The petitioner sought a writ of certiorari to quash the order dated July 25, 1984, by which the Income-tax Officer rejected the claim for interest under Sections 132B and 244 of the Income-tax Act, 1961. The petitioners also requested a writ of mandamus for a direction to grant interest under the aforesaid sections. The rejection was based on the assertion that Section 132B was not retrospective and that Section 244 was not applicable to the case.

2. Applicability and retrospective effect of Section 132B:

The Income-tax Officer contended that Section 132B came into effect from October 1, 1975, and did not have retrospective effect. However, this contention was found untenable as the provision for payment of interest was initially inserted as Section 132A by the Income-tax (Amendment) Act, 1965, and renumbered as Section 132B in 1975. Therefore, the liability for payment of interest existed from 1965, and even if it was considered to have been inserted in 1975, it would extend to all sums outstanding on such date.

3. Determination of interest payable under Section 132B(4):

Section 132B(4) specifies that interest is payable on the amount by which the aggregate of money retained under Section 132 exceeds the aggregate of amounts required to meet liabilities referred to in Section 132B(1)(i). The claim for interest is settled when liabilities are crystallized upon assessment/reassessment. The starting point for interest is the date of the order under Section 132(5), and the end date is the date of regular assessment or reassessment. The appellate order under Section 132(11) is not the basis for granting interest.

The impugned order was quashed as it summarily rejected the claim without addressing relevant facts, such as the amount ordered to be retained, the excess amount, and the duration of retention. The Assessing Officer was directed to re-examine the claim and make a speaking order.

4. Examination of interest claim under Section 244:

Section 244 provides for interest on refunds due to the assessee if not granted within three months from the end of the month in which the order is passed. Section 240 mandates a refund resulting from any order in appeal or other proceedings under the Act. The applicability of Sections 240 and 244 depends on whether an assessment was made and the outcome. The facts of the case, including any assessments made, need to be examined to determine the entitlement to interest under Section 244.

The writ petition was allowed with costs to the petitioners, and the Assessing Officer was directed to re-examine the claims for interest under Sections 132B(4) and 244, providing a reasonable opportunity for hearing and considering the observations made in the judgment.