2023 (8) TMI 1115 - AT - Income Tax

Rectification u/sec. 154 - interest on refund had not been calculated till the date of refund hence, needs to be modified - HELD THAT - As in this case, in the refund amount calculated, there was no interest given to the assessee. This is in direct contravention to sec. 244(1A) - CIT(A) had allowed the appeal of the assessee in the original order dated 21/11/2011. Thereafter, the order giving effect was passed and after which the rectification order u/sec. 154 was passed determining the refund amount - Department should have, at that stage itself, calculated the interest component and should have handed-over to the assessee. In this case, there is no failure on the part of the assessee as contemplated and submitted by the Department u/sec. 244A(2) - We, therefore, set aside the order of the NFAC and direct the AO to calculate the interest as per law and remit the same to the assessee. The grounds of appeal stands allowed.

Summary

Issues involved:
The issues involved in the judgment are related to the calculation and payment of interest on refund to the assessee, the delay in proceedings attributable to the assessee, and the interpretation of sections 244A(2) and 244(1A) of the Income Tax Act.

Issue 1: Calculation and Payment of Interest on Refund
The appeal by the assessee arose from a series of events starting from the original assessment order passed u/s 143(3) for A.Y. 2006-07. Subsequent appeals and rectification requests led to the determination of a refund amount of Rs. 39,38,170/-. However, the interest on the refund as per sec. 244(1A) was not provided to the assessee by the Department. The dispute arose from the Department's contention that the delay in refund was attributable to the assessee's conduct, leading to the dismissal of the appeal by the NFAC. The ITAT, upon review, found that the failure to provide interest on the refund was in direct contravention of sec. 244(1A) of the Act. The ITAT set aside the NFAC's order and directed the AO to calculate and remit the interest amount to the assessee.

Issue 2: Delay in Proceedings Attributable to the Assessee
The Department contended that the delay in providing interest on the refund was attributable to the assessee's actions. Specifically, it was noted that the assessee, upon being informed by the AO to correct the status on the PAN database, opted to obtain a new PAN instead of rectifying the status. However, the ITAT found that the delay in calculating and providing the interest component on the refund was not due to any failure on the part of the assessee as claimed by the Department u/s 244A(2) of the Act. The ITAT held that the Department should have calculated and provided the interest component to the assessee immediately after the rectification order u/s 154 was passed. As such, the ITAT directed the AO to calculate the interest as per law and remit the same to the assessee, thereby allowing the grounds of appeal.

Conclusion:
In conclusion, the ITAT allowed the appeal of the assessee, setting aside the NFAC's order and directing the AO to calculate and remit the interest on the refund as per the provisions of the Income Tax Act. The judgment highlights the importance of timely and accurate processing of refunds and adherence to the statutory provisions governing interest payments in such cases.