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2013 (12) TMI 420 - HC - Income TaxEntitlement to receive interest u/s 244(1A) - Held that - The tax was refunded in pursuance of the order passed by the Settlement Commission - As per section 244(1A) - Any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceeding under this Act - The words other proceeding are comprehensive enough to encompass the proceedings before Settlement Commission and consequent direction issued thereon - Decided against Revenue.
Issues:
1. Entitlement to interest on refunded amount under Section 244(1A) of the Income Tax Act. Analysis: The judgment by the High Court of Allahabad involved an appeal under Section 260A of the Income Tax Act, 1961, filed by the department against the order of the Tribunal. The primary issue was whether the assessee was entitled to interest on the refunded amount under Section 244(1A) of the Income Tax Act. The assessee had received a refund of the tax already paid following an order by the Settlement Commission. Both the First Appellate Authority and the Tribunal had ruled in favor of the assessee, stating that interest was due under Section 244(1A) on the refunded tax amount. The department, represented by Shri Shambhu Chopra, argued that interest under Section 244(1A) is only applicable in cases of assessment or penalty orders, not refunds. However, the Court examined Section 244(1A) which explicitly mentions "any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceeding under this Act." The Court interpreted the phrase "other proceeding" to include proceedings before the Settlement Commission and its consequential directions. The Court rejected the department's contention, stating that the interest was indeed payable under Section 244(1A) in this case. The Tribunal's decision to grant interest to the assessee was upheld, with the Court finding no valid reason to interfere with the Tribunal's order. Consequently, the appeal by the department was dismissed by the High Court of Allahabad, affirming the entitlement of the assessee to interest on the refunded tax amount under Section 244(1A) of the Income Tax Act.
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