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2014 (4) TMI 284 - AT - Income TaxEntitlement for interest u/s 244A of the Act Refund of taxes (TDS) deposited in excess order passed u/s 195 of the Act Held that - The language used in section 244A, clearly provides that interest has to be granted on the refund of any amount which becomes due to the assessee - It cannot be construed to mean that such an interest will not be allowed on the refund of TDS, which has been deducted by the payer - The section per se does not make any distinction on the tax determined in pursuance of orders passed u/s 143(3) or the refund of tax on account of TDS - The section 244A clearly provides right to the assessee to claim interest on the amount of refund which has become due to him under the provisions of the Act. The decision in Union of India v/s Tata Chemicals Ltd. 2014 (3) TMI 610 - SUPREME COURT followed - Interest on refund is a kind of compensation of use and retention of the money collected unauthorizedly by the Department - When the collection is illegal, there is corresponding obligation on the revenue to refund such amount with interest in as much as they have retained and enjoyed the money deposited - Even the Department has understood the object behind insertion of Section 244A, as that, an assessee is entitled to payment of interest for money remaining with the Government which would be refunded - There is no reason to restrict the same to an assessee only without extending the similar benefit to a resident/deductor who has deducted tax at source and deposited the same before remitting the amount payable to a non-resident/foreign company - the assessee is eligible for interest u/s 244A on the amount of refund due to the assessee worked out on TDS deducted by it thus, the order of the CIT(A) set aside and the AO is directed to grant interest u/s 244A Decided in favour of Assessee.
Issues Involved:
1. Entitlement of the assessee to interest under section 244A of the Income Tax Act, 1961 on the refund of taxes paid in pursuance of the order passed under section 195 of the Act by the Assessing Officer. Issue-wise Detailed Analysis: 1. Entitlement to Interest under Section 244A on Refund of Taxes Paid: The appeal was filed by the assessee challenging the order dated 11th October 2010, for the assessment year 1998-99, passed by the learned Commissioner (Appeals)-XI, Mumbai. The core dispute was whether the assessee was entitled to interest under section 244A of the Income Tax Act, 1961 on the refund of taxes paid in pursuance of the order passed under section 195 of the Act by the Assessing Officer. Facts of the Case: The assessee was required to deposit Rs. 14.01 crores as per the order passed under sections 195, 201(1), and 201(1)(a) related to remittances towards fees paid for services rendered by the lead managers. The Tribunal later decided in favor of the assessee, canceling the entire demand, resulting in a refundable TDS amount of Rs. 3,38,56,547. However, the Assessing Officer denied interest under section 244A on this refund. Commissioner (Appeals) Decision: The Commissioner (Appeals) held that the order under section 195 is different from the assessment order under section 143(3), and tax deducted at source is merely a security for potential future tax demand, not "tax" as per CBDT Circular No. 7 of 2007. Therefore, no interest under section 244A was admissible on such refunds. Arguments by the Assessee: The assessee's Senior Counsel, Mr. Dinesh Vyas, argued that the issue of granting interest under section 244A on TDS deducted under section 195 was already covered by several Tribunal decisions, and the Revenue should be directed to grant the interest. Arguments by the Departmental Representative: The Departmental Representative relied on the CBDT Circular, asserting that no interest under section 244A is admissible on refunds arising from payments made under section 195 as it is not considered tax in the hands of the deductor. Tribunal's Analysis and Decision: The Tribunal analyzed the relevant provisions of law, including sections 195, 240, 244A, and 156. It noted that section 244A provides for interest on any refund due to the assessee, without distinguishing between tax determined under section 143(3) or TDS refunds. The Tribunal highlighted that the Supreme Court in Union of India v/s Tata Chemicals Ltd. had settled that resident deductors are entitled to interest on the refund of excess or erroneous TDS under section 195. Supreme Court's Observations: The Supreme Court observed that the refund of tax should carry interest as it compensates for the use and retention of money collected unauthorizedly by the Department. The Court emphasized that the obligation to refund money implies the right to interest, and this applies to resident deductors as well. Conclusion: The Tribunal, following the Supreme Court's decision, held that the assessee is eligible for interest under section 244A on the refund of TDS deducted. The order of the Commissioner (Appeals) was set aside, and the Assessing Officer was directed to grant the interest. Thus, the assessee's appeal was allowed. Result: The assessee's appeal was allowed, and the order was pronounced in the open Court on 28th March 2014.
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