2019 (9) TMI 1191 - AT - Income Tax

Interest u/s. 244A on self assessment tax - Whether no interest u/s. 244A of the Act is allowable on the refund due to the assessee on the self-assessment tax? - whether assessee is liable to get refund on interest of self-assessment tax u/s. 244A of Income Tax Act is or not? - HELD THAT - Section 244 is speaks about interest on refund wherein it is mentioned that where refund of any amount become due to the assessee under this Act, he shall, subject to the provision of Section, be entitled to receive, in addition to said amount simple interest thereon As matters are squarely covered by the orders of the Hon ble Supreme Court and Hon ble different High Courts as well as Income Tax Act provisions are also in favour of assessee. In our considered opinion, ld. CIT(A) has passed reasoned order and same does not require any kind of interference at our end. Appeals filed by the Revenue are dismissed.

Summary

Issues:
- Whether the assessee is entitled to receive interest on self-assessment tax refund under Section 244A of the Income Tax Act.

Analysis:
1. The appeals filed by the Revenue challenged the order of the Ld. CIT(A)-3, Rajkot regarding the computation of interest u/s. 244A of the Act on self-assessment tax refund. The Revenue contended that no interest u/s. 244A is allowable on the refund due to the assessee on self-assessment tax. The A.O. had rejected the rectification application of the assessee, stating that there was no refund or interest pending for the respective assessment year.

2. The assessee filed a rectification application claiming a refund with interest u/s 244A of the Act. The A.O. found the claim incorrect, as the appeal effect had already been granted, and the taxable income was re-determined. The rectification application was rejected on various grounds, including the absence of pending credits and the grant of applicable interest u/s 244A in the previous order.

3. The first statutory appeal before the CIT(A) favored the assessee, leading to the Revenue's second statutory appeal. The question before the Tribunal was whether the assessee is entitled to a refund on interest of self-assessment tax u/s. 244A of the Income Tax Act. Section 244 provides for interest on refunds due to the assessee under the Act.

4. The Tribunal noted that various High Courts and the Supreme Court had ruled in favor of the assessee regarding the entitlement to interest on refunds under section 244A. Citing cases like CIT vs HEG Ltd and Ajanta Manufacturing Ltd. vs. The Deputy Commissioner of Income-Tax, the Tribunal concluded that the assessee should receive interest on the delayed refund amount.

5. Considering the legal precedents and provisions of the Income Tax Act, the Tribunal upheld the CIT(A)'s decision, stating that the orders of the Supreme Court and different High Courts, along with the provisions of the Income Tax Act, favored the assessee. Consequently, the Tribunal dismissed both appeals filed by the Revenue.

6. In conclusion, the Tribunal found that the assessee was entitled to receive interest on the self-assessment tax refund under Section 244A of the Income Tax Act, based on legal precedents and provisions. The Tribunal upheld the CIT(A)'s decision, emphasizing that no interference was required, and dismissed the Revenue's appeals.