1980 (1) TMI 40 - HC - Income Tax

Summary

Issues Involved:
1. Eligibility of the assessee for interest u/s 214 on the amount refunded.
2. Interpretation of "regular assessment" u/s 2(40) and its implications on interest calculation.
3. Applicability of s. 214(2) in conjunction with s. 219 for interest on refunds.

Summary:

Issue 1: Eligibility of the assessee for interest u/s 214 on the amount refunded
The primary question was whether the assessee was entitled to interest on the refunded amount of Rs. 52,121, which resulted from the appellate order. The court examined the provisions of s. 214, which mandates the Central Government to pay simple interest on the excess amount of advance tax paid over the tax determined on regular assessment. The court concluded that the assessee was entitled to interest up to the date of the refund, i.e., 21st January 1976, as per s. 214(2).

Issue 2: Interpretation of "regular assessment" u/s 2(40) and its implications on interest calculation
The term "regular assessment" as defined u/s 2(40) refers to assessments made u/s 143 or 144. The court noted that the original assessment order dated 31st January 1975, and the subsequent order dated 21st January 1976, giving effect to the appellate order, both qualify as regular assessments. The court referenced previous judgments, including Natarajan Chettiar v. ITO and Sir Shadilal Sugar and General Mills Ltd. v. Union of India, to affirm that the term "regular assessment" does not include reassessments or modifications but only the initial assessment.

Issue 3: Applicability of s. 214(2) in conjunction with s. 219 for interest on refunds
The court emphasized that s. 214(2) should be read together with s. 219, which provides for the adjustment of advance tax against the tax demand and subsequent refunds. The court clarified that s. 214(2) extends the interest period up to the date of refund, ensuring that the assessee receives interest for the entire period they were deprived of their money. The court rejected the revenue's contention that interest should only be paid up to the date of the regular assessment, highlighting that such an interpretation would render s. 214(2) ineffective.

Conclusion:
The court held that the assessee was eligible for interest on the refunded amount of Rs. 52,121 from 1st April 1973 to 21st January 1976. The writ petition was allowed, and the assessee was awarded costs of Rs. 500.