2018 (9) TMI 2054 - AT - Income Tax

Interest u/s 244A - Revision u/s 263 - Refund granted first towards interest amount refundable and thereafter consider the balance against the tax amount refundable which will lead to excess grant of interest - whether CIT(A) was right in directing the AO to allow interest on refund arising on account of double taxation relief interest without appreciating the fact that the assessee is not entitled for refund out of credit for DTR and hence no interest u/s 244A is allowable - HELD THAT - As this tribunal in for assessment year 1999-2000 has cancelled the order passed by the ld. Commissioner of Income Tax u/s. 263 2017 (7) TMI 1402 - ITAT MUMBAI - Since the ITAT has quashed the order of the ld. Commissioner of Income Tax, the order giving effect passed by the Assessing Officer in this regard does not survive. Hence, in our considered opinion, this appeal by the Revenue becomes infructuous. Both the counsel fairly agreed to this proposition. Appeal filed by the Revenue stands dismissed as infructuous.

Summary

Issues:
Appeal against the order of the Commissioner of Income Tax (Appeals) regarding the adjustment of refund, allowance of interest on refund, and computation of interest u/s 244A of IT Act for assessment year 1999-2000.

Analysis:
1. The appeal by the Revenue challenged the order of the Commissioner of Income Tax (Appeals) directing the Assessing Officer to adjust the refund granted. The grounds of appeal raised concerns about the order leading to an excess grant of interest, contrary to legislative provisions and regular departmental practices. The contention was that the refund should be first adjusted towards interest amount refundable before considering the balance against the tax amount refundable. The issue revolved around the correct procedure for adjusting refunds and the interpretation of relevant laws.

2. Another issue raised in the appeal was regarding the direction given by the Ld. CIT(A) to allow interest on refund arising from double taxation relief interest. The argument was that the assessee was not entitled to a refund out of credit for DTR, and therefore, no interest u/s 244A should be allowable. This issue involved the eligibility of the assessee for interest on refunds and the specific circumstances under which such interest can be granted under the Income Tax Act.

3. The third issue in the appeal concerned the direction by the Ld. CIT(A) to compute interest u/s 244A of the IT Act from the first day of April of the assessment year up to the date of granting the refund. The contention was that the refund had not become due to the assessee out of advance tax payment or TDS but had arisen from a voluntary payment by the assessee following the order of the Ld. CIT(A). The issue here was the correct calculation of interest under section 244A and the implications of the timing and nature of the refund on the interest computation.

4. The Tribunal noted that the impugned order of the Ld. Commissioner of Income Tax (Appeals) was passed based on the Assessing Officer's order, which was in response to the Ld. Commissioner's order under section 263 of the Income Tax Act. However, the Tribunal had previously canceled the order of the Ld. Commissioner of Income Tax, rendering the order giving effect by the Assessing Officer irrelevant. Consequently, the appeal by the Revenue was deemed infructuous, as the order under challenge no longer existed due to the Tribunal's decision in a prior case.

5. Ultimately, the Tribunal dismissed the appeal filed by the Revenue as infructuous, given the circumstances where the order challenged had been quashed in a previous proceeding. Both parties agreed to this conclusion, leading to the dismissal of the appeal. The order was pronounced in open court on 05.09.2018, bringing the matter to a close.