2021 (5) TMI 4 - AT - Income Tax

Rectification of mistake u/s 154 - Non granting interest under section 244A of the Act on the self assessment tax paid - assessee s refund is arising out of self assessment tax paid - HELD THAT - This issue is covered by the decision of Hon ble Bombay High Court in the case of Stock Holding Corporation of India Ltd 2014 (11) TMI 899 - BOMBAY HIGH COURT this mistake apparent from record can be rectified and it is within the purview of rectification under section 154 of the Act. In our view, once the assessee has paid self assessment tax, in case refund arises it would be entitled to interest under section 244A(1)(b) of the Act on the self assessment tax from the date of payment of self assessment tax till the date of actual payment of refund. Hence, we direct the AO accordingly.

Summary

Issues:
Appeal against order of CIT(A) upholding AO's decision on interest under section 244A of the Act on self-assessment tax paid.

Analysis:

1. Issue of Interest under Section 244A of the Act:
- The appeal pertained to the denial of interest under section 244A of the Act on self-assessment tax paid by the assessee, with the AO rejecting the claim citing it as not rectifiable under section 154 of the Act.
- The CIT(A) upheld the AO's decision, stating that self-assessment tax does not attract interest under section 244A(1) of the Act and that the issue was contentious due to a pending SLP before the Supreme Court.
- The assessee argued that the issue was covered by the Jurisdictional High Court's decision in a specific case, where it was held that self-assessment tax falls under the residuary clause of section 244A(1)(b) of the Act.
- The Tribunal noted that the refund in question arose from self-assessment tax paid by the assessee, which was also confirmed by the High Court's decision, clarifying that such tax falls under section 244A(1)(b) of the Act.
- Relying on the High Court's decision, the Tribunal held that interest under section 244A(1)(b) of the Act is applicable to self-assessment tax payments, entitling the assessee to interest from the date of payment till the date of refund.
- Consequently, the Tribunal allowed the appeal, directing the AO to grant interest under section 244A(1)(b) of the Act on the self-assessment tax paid by the assessee.

2. Jurisdictional High Court Decision and Application of Section 154 of the Act:
- The Tribunal emphasized the importance of the Jurisdictional High Court's decision in clarifying the applicability of interest under section 244A(1)(b) of the Act to self-assessment tax payments.
- It highlighted that the issue was a mistake apparent from the record, falling within the scope of rectification under section 154 of the Act, as established by the High Court's interpretation and the provisions of the Act.
- By referencing the specific case and the legal provisions, the Tribunal concluded that the denial of interest on self-assessment tax by the AO and CIT(A) was incorrect, and rectification was warranted under section 154 of the Act.
- The Tribunal's decision to allow the appeal and direct the AO to grant interest aligned with the legal principles established by the High Court and the provisions of section 244A(1)(b) of the Act.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by the parties, the legal interpretation applied by the Tribunal, and the final decision rendered in favor of the assessee based on the applicable law and precedents.