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2018 (1) TMI 86 - AT - Income TaxInterest under section 244A - whether the delay for the period from 1/4/2003 to 24/03/2006 is required to be excluded for working out interest under section 244A of the income tax act, treating it as delay attributable on part of the assessee? - Held that - In the present case before us, assessee has made the claim by way of noting in the original return of income filed and merely the computation and audit report have been filed during the course of the assessment proceedings. This itself proves that the assessee has made the claim during the course of the assessment proceedings. The claim made by the assessee in the original return of income and further quantified during the assessment proceedings cannot be said that there is any delay on part of the assessee. Ld AO could not say that there is any delay in any of the proceedings of the Income tax Act. We do not find that there is any delay on part of the assessee. Therefore, it is apparent that there is no delay, which can be attributed on the part of the assessee. In the present case, the Ld. CIT (A) has directed the Ld. assessing officer to refer the matter to the Chief Commissioner of income tax. The order of the Commissioner of Income Tax was passed on 03/07/2014, the revenue till to date could not show us any evidence that AO has made any reference for the opinion of the Chief Commissioner of the Income Tax. AO has not done so before rejecting the application for the refund of the assessee for a particular period for which he is not empowered to. In view of the above startling facts before us, we do not find that there is any delay attributable on part of the assessee. Therefore we reverse the order of the Ld. CIT (Appeal) in directing AO to refer the matter to the Chief Commissioner of Income Tax for his opinion and direct the Ld. Assessing Officer to grant interest to the assessee under section 244A of the income tax act w.e.f. 01/04/2003 to 24/03/2006, the period for which AO held that delay is attributable on part of the assessee. - Decided in favour of assessee.
Issues Involved:
1. Entitlement to interest under Section 244A of the Income-tax Act for the period 1-4-2003 to 24-3-2006. 2. Attribution of delay in refund processing to the assessee. 3. Direction to refer the matter to the Chief Commissioner or Commissioner of Income-tax. 4. Principles of natural justice and interpretation of Section 244A. 5. Grant of interest on interest due to delayed refund. 6. Discrepancy in interest rates charged by the government. Issue-wise Detailed Analysis: 1. Entitlement to Interest under Section 244A: The primary issue is whether the assessee is entitled to interest under Section 244A for the period from 1-4-2003 to 24-3-2006. The assessee claimed that the interest should be granted for the full period during which the tax amount remained with the government. The Assessing Officer (AO) denied interest for this period, attributing the delay to the assessee. 2. Attribution of Delay: The AO argued that the delay was attributable to the assessee because the claim for deduction under Section 80 IA for the third power plant was made only on 24-3-2006. The assessee contended that the claim was made in the return of income, and the computation was submitted during the assessment proceedings. The tribunal referred to the case of CIT vs. South India Bank Ltd, where it was held that interest is payable from the first day of April if no delay is attributable to the assessee. The tribunal found no delay on the part of the assessee and held that the assessee is entitled to interest for the disputed period. 3. Direction to Refer the Matter: The Commissioner of Income-tax (Appeals) [CIT(A)] directed the AO to refer the matter to the Chief Commissioner or Commissioner of Income-tax to determine the period of delay. The tribunal noted that the AO did not seek such an opinion before rejecting the interest claim. Citing the case of ACIT vs. Tata Power Company, the tribunal held that the AO must seek the opinion of the Chief Commissioner if any period is to be excluded for interest calculation. Since no such reference was made, the tribunal found the CIT(A)'s direction unnecessary. 4. Principles of Natural Justice and Interpretation of Section 244A: The assessee argued that the CIT(A) failed to consider the principles of natural justice and the language of Section 244A, which mandates interest for the period the tax amount remained with the government. The tribunal agreed, emphasizing that the delay was not attributable to the assessee and that the AO's refusal to grant interest was unjustified. 5. Grant of Interest on Interest: The assessee also sought interest on interest due to the delayed refund, citing the Supreme Court's decisions in CIT vs. Narendra Doshi and Sandvik Asia Ltd. vs. CIT. The tribunal did not specifically address this issue but reversed the CIT(A)'s order, directing the AO to grant interest under Section 244A for the disputed period. 6. Discrepancy in Interest Rates: The assessee pointed out the discrepancy in the interest rates charged by the government (12%) and the interest granted (6%). The tribunal did not address this issue directly but focused on the entitlement to interest for the disputed period. Conclusion: The tribunal allowed the appeal of the assessee, reversing the CIT(A)'s order and directing the AO to grant interest under Section 244A from 1-4-2003 to 24-3-2006. The tribunal found no delay attributable to the assessee and emphasized the need for the AO to seek the Chief Commissioner's opinion if any period is to be excluded from interest calculation. The decision upheld the principles of natural justice and the statutory mandate of Section 244A.
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