2013 (5) TMI 105 - AT - Income Tax

Granting of interest on MAT credit u/s 244A - Held that - The assessee was entitled to a refund of excess tax paid over and above the tax which was computed as being due and payable. Interest under section 244A was allowable. In the absence of any distinguishing feature brought on record by the Revenue, we respectfully following the decision of the Hon ble jurisdictional High Court in CIT vs. Tulsyan NEC Ltd. 2010) 12 TMI 23 SC which is binding on us. In this view of the matter we are of the view that there is no mistake in the order of the Tribunal, therefore, the Misc. Applications filed by the Revenue for the assessment years 1998-99 & 1999-2000 are rejected.In the result, Revenue s Misc. Applications stand dismissed.

Summary

Issues:
Misc. Applications filed by Revenue against a common order passed by the Tribunal in ITA No. 4718 & 4719/Mum/2010 for the assessment years 1998-99 and 1999-2000 regarding the payment of interest u/s 244A.

Analysis:
The two Misc. Applications were filed by the Revenue against a common order passed by the Tribunal concerning the payment of interest u/s 244A for the assessment years 1998-99 and 1999-2000. The Revenue contended that the Tribunal's reliance on a Supreme Court decision related to interest under sections 234A, 234B, and 234C, not u/s 244A. Additionally, they highlighted a specific proviso under section 115JAA(2) stating no interest is payable on tax credit allowed u/s 115JAA(1). However, the assessee argued that the Tribunal's decision was supported by a High Court judgment in CIT vs. Apar Industries Ltd., allowing interest u/s 244A after adjustments for MAT credit, TDS, advance tax, and self-assessment tax.

Upon careful consideration, the Tribunal found that the issue was squarely covered by the High Court's decision in Apar Industries Ltd., which stated that interest u/s 244A was allowable on refundable taxes after adjustments. The High Court's ruling emphasized that interest was permissible when excess tax was paid, leading to a refund. The Tribunal noted that the Revenue failed to present any distinguishing features to challenge the High Court's decision, which was binding. Consequently, the Tribunal upheld the findings of the CIT(A) directing the AO to allow interest under section 244A on the entire refund amount post-MAT credit adjustments to the appellant company, subject to verification.

In conclusion, the Tribunal rejected the Revenue's Misc. Applications for the assessment years 1998-99 & 1999-2000, as they found no error in the original order. The applications were dismissed, affirming the decision to allow interest u/s 244A based on the High Court's authoritative pronouncements and the specific circumstances of the case.