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2023 (1) TMI 615 - AT - Income TaxShort grant of refund - Refund issued is to be segregated into tax refund and interest refund and be adjusted accordingly - whether the assessee can claim the recovery of the interest amount first out of the refund granted by the revenue or the same should be adjusted towards the principal amount of tax refund? - Whether CIT(Appeals) has grossly erred in dismissing the appellant s ground in segregating the refund issued into tax refund and interest refund and adjusting the tax refund from tax refund due and interest refund from interest refund due instead of adjusting the entire refund granted first against the interest refund due and thereafter against the tax refund due? - HELD THAT - There was identical issue in case of Karsanbhai Kachrabhai Patel HUF 2022 (12) TMI 1083 - ITAT AHMEDABAD where decided the issue in favour of the assessee. Before us no material has been placed on record by the Revenue to demonstrate any contrary decision of the Higher Judicial Authorities. Before me Revenue has not placed any material on record to point out any distinguishing feature in the facts of the case for the year under consideration and that of the case cited above nor has placed any contrary binding decision in its support. Thus respectfully following the above allow the ground of appeal of the assessee.
Issues:
1. Segregation of refund into tax refund and interest refund. 2. Adjustment of refund against tax refund due and interest refund due. Segregation of refund into tax refund and interest refund: The appeals were filed by the Assessee against separate orders of the Commissioner of Income Tax (Appeals) regarding assessment orders under sections 154 and 143(3) of the Income Tax Act for the Assessment Years 1983-1984 and 1984-1985. The main issue raised by the Assessee was the segregation of the refund issued into tax refund and interest refund and the subsequent adjustment of the same. The dispute arose when the Assessee, a Trust, filed a return of income with tax liability at Rs. Nil for AY 1983-84 but paid advanced tax of Rs. 37,500. The Assessee later deposited further tax, leading to a refund being issued in favor of the Assessee. The dispute centered around whether the refund should first be adjusted against the interest due on the refund before being adjusted against the principal amount of tax due to be refunded. Adjustment of refund against tax refund due and interest refund due: The Assessee contended that the interest on the refund granted earlier should be adjusted against the interest amount due. The Commissioner of Income Tax (Appeals) dismissed the Assessee's plea, citing a decision of the Hon'ble Gujarat High Court. However, the ITAT, in a similar case, held in favor of the Assessee, emphasizing the principle of fairness and justice in adjusting the refund. The ITAT referred to a Mumbai tribunal case and directed the Assessing Officer to re-compute the refund amount by first adjusting the amount of refund already granted towards the interest component before adjusting the remaining against the tax component. The ITAT differentiated the case at hand from a Supreme Court judgment and allowed the appeal of the Assessee for both assessment years 1983-84 and 1984-85. The ITAT concluded that the findings for 1983-84 would be applicable for 1984-85 as well, and both appeals of the Assessee were allowed. In summary, the ITAT ruled in favor of the Assessee, directing the Assessing Officer to adjust the refund granted towards interest payable to the Assessee before adjusting against the principal amount of tax refund. The decision was based on principles of fairness and justice, emphasizing the proper adjustment of refunds in line with the provisions of the Income Tax Act.
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