Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2014 (6) TMI 5

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... statute which can alone be claimed by the assessee, and not any other interest on statutory interest - the provisions of section 244A only provides for interest on refund under various contingencies, and only the interest as provided in the statute can be claimed by the assessee and no other interest on such interest, which has been to be computed u/s 244A - the order of the CIT(A) is set aside .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cts and circumstances, therefore, as a matter of convenience, these appeals were heard together and are being disposed off by way of this consolidated order. 2. The sole common issue involved in all the years under appeal is that, the learned Commissioner (Appeals) ought to have held that the assessee was entitled to interest on the amount of interest due to them under section 244A, which was s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... that earlier, various High Courts have decided this issue in favour of the assessee relying upon the decision of the Hon'ble Supreme Court in Sandvick Asia Ltd. v/s CIT, [2006] 280 ITR 643 (SC). Now, he candidly admitted that in the wake of latest Supreme Court decision in CIT v/s Gujarat Fluoro Chemicals, [2014] 42 Taxman.com 001, order dated 18th September 2013 and [2014] 43 Taxman.com 350, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... preme Court in CIT v/s Gujarat Fluoro Chemicals (supra), we find that the Hon'ble Supreme Court has categorically held that the provisions of section 244A only provides for interest on refund under various contingencies, and only the interest as provided in the statute can be claimed by the assessee and no other interest on such interest, which has been to be computed under section 244A. Thus, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates