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2010 (11) TMI 486 - AT - Income TaxScrutiny - Interest u/s 244A - TDS - Rectification of mistakes - the entire payment of self-assessment tax u/s 140A resulted in refund and the balance of ₹ 3,42,91,908 could be said to be arising out of excess payment of advance tax and TDS - It is not permissible for the authorities below to ignore the decision of the higher forum on the pretext that an appeal is filed in the Supreme Court which is pending or that steps are to be taken to file an appeal - Hon ble Delhi High Court in the case of CIT v. Sutlej Industries Ltd. (2010 -TMI - 77624 - DELHI HIGH COURT) - Held that when self-assessment tax is paid under section 140A of the Act the assessee is on principle entitled to interest on self-assessment tax paid in terms of section 244A(1)(b) of the Act from the date of payment of such amount upto the date on which refund is actually granted - Decided in the favour of the assessee
Issues Involved:
1. Entitlement of the assessee to interest under section 244A of the Income Tax Act on excess payment of self-assessment tax under section 140A. 2. Applicability of section 244A(1) to the excess payment of self-assessment tax. 3. Interpretation of section 244A(1)(b) in relation to self-assessment tax and its explanation. Issue-wise Detailed Analysis: 1. Entitlement of the Assessee to Interest under Section 244A on Excess Payment of Self-Assessment Tax: The department filed an appeal against the order of the C.I.T(A) which held that the assessee was entitled to interest under section 244A on the excess payment of self-assessment tax under section 140A. The assessee, a scheduled bank, had filed a return showing a total income of Rs. 6,526,332,404 and paid a total tax of Rs. 3,463,604,119, including self-assessment tax of Rs. 650,000,000. A refund of Rs. 684,291,908 arose due to excess payment, but no interest was granted on this refund. The AO rejected the assessee's application under section 154, stating that there were two possible opinions on the matter, citing the decisions in CIT v. Cholamandalam Investment & Finance Co. Ltd., Hooghly Mills Co. Ltd., and Addl. CIT v. Grinwell Norton Ltd. The AO argued that the issue was debatable and thus not subject to rectification under section 154. 2. Applicability of Section 244A(1) to Excess Payment of Self-Assessment Tax: The AO contended that section 244A(1)(a) applies to refunds arising from excess TDS or advance tax, provided the refund is not less than 10% of the assessed tax. Section 244A(1)(b) applies to refunds of any other tax, including self-assessment tax, but only if the payment was made pursuant to a notice of demand under section 156. The AO argued that the departmental software did not recognize excess self-assessment tax payments as eligible for interest under section 244A. The learned D.R. supported this view, stating that the intention of the Parliament was not to allow interest on refunds of excess self-assessment tax and that the decisions of the Hon'ble Madras High Court in Ashok Leyland Ltd. and Cholamandalam Investment & Finance Co. Ltd. were not applicable. 3. Interpretation of Section 244A(1)(b) in Relation to Self-Assessment Tax and its Explanation: The learned A.R. of the assessee argued that section 244A was inserted to simplify the provisions for payment of interest on money remaining with the Government and that interest is payable on refunds of any tax, including self-assessment tax, other than TDS or advance tax. The ITAT, Kolkata Bench, in Hooghly Mills Co. Ltd., had directed the AO to pay interest under section 244A on the amount of refund, including self-assessment tax. The Hon'ble Madras High Court in Cholamandalam Investment & Finance Co. Ltd. and the Hon'ble Delhi High Court in Sutlej Industries Ltd. had also held that interest is payable on refunds of self-assessment tax. Conclusion: The Tribunal, after considering the submissions and relevant case laws, held that the assessee is entitled to interest under section 244A on the excess payment of self-assessment tax. The Tribunal observed that the AO did not cite any contrary decision of any other High Court and that the decisions of the Hon'ble Madras High Court and Hon'ble Delhi High Court were applicable. The Tribunal rejected the AO's reasoning that the issue was debatable and sub-judice, and upheld the order of the C.I.T(A), confirming the assessee's entitlement to interest on the refund of excess self-assessment tax. The departmental appeal was dismissed.
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