2008 (8) TMI 508 - HC - Income Tax

Refund- the assessee had not received interest up to the date of issue of refund. The assessee, therefore, requested to issue the balance interest under section 244A for 10 months from January 1, 2001 to October 31, 2001 for the assessment years 1989-90 to 1992-93 and 1994-95. This claim was not accepted by the Assessing Officer. Commissioner of Income-tax (Appeals) and the Commissioner of Income-tax (Appeals) vide its order dated November 27, 2002, directed the Assessing Officer to give interest on interest withheld for the period claimed. Tribunal confirmed the order of the learned Commissioner of Income-tax (Appeals). held that- the Tribunal was justified in confirming the order passed by the Commissioner (Appeals) directing the Assessing Officer to grant interest withheld for the period claimed by the assessee. Thus dismiss the appeal.

Summary

Issues:
1. Whether the Appellate Tribunal correctly dismissed the Revenue's appeal due to low tax effect?
2. Whether interest on interest withheld should be granted as directed by the Commissioner of Income-tax (Appeals)?

Analysis:
1. The Revenue filed five tax appeals under section 260A of the Income-tax Act, 1961 for the assessment years 1989-90 to 1992-93 and 1994-95. The primary issue was whether the Appellate Tribunal was justified in dismissing the Revenue's appeal without considering the merits due to the low tax effect, below Rs. 1 lakh, as per the Central Board of Direct Taxes instructions. The Tribunal cited the Supreme Court's decision in Sandvik Asia Ltd. v. CIT [2006] 280 ITR 643 (SC) to support the assessee's entitlement to interest on the amount of interest paid under sections 214 and 244 of the Act. The court ruled in favor of the assessee, answering Question (A) in the affirmative.

2. The second issue revolved around whether interest on interest withheld should be granted as directed by the Commissioner of Income-tax (Appeals). The assessee had requested additional interest under section 244A for a specific period, which was denied by the Assessing Officer. The Commissioner of Income-tax (Appeals) directed the Assessing Officer to grant interest on the withheld interest, following the decision in D. J. Works v. Deputy CIT [1992] 195 ITR 227. The Tribunal upheld this decision, citing the Supreme Court's ruling. Consequently, the court decided in favor of the assessee on Question (B), affirming the Tribunal's confirmation of the order to grant interest on the withheld interest.

In conclusion, the High Court dismissed all five tax appeals, ruling in favor of the assessee on both issues raised. The court upheld the Tribunal's decisions regarding the dismissal of the Revenue's appeals due to low tax effect and the grant of interest on the withheld interest as directed by the Commissioner of Income-tax (Appeals).