9911796707
TMI Blog2014 (11) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... S from the tax payable by an assessee can be made only on production of the certificate, issued by the person or agency, which effected the TDS - In the absence of the same, the department cannot be expected to refund or adjust the amount - The record does not disclose the nature of steps taken by the petitioner for obtaining the TDS certificates, either from the concerned agencies, or even from the department - the occasion to pay interest would have arisen, if only the delay was on the part of the department - Section 244A of the Act itself mandates that, if the delay in refund is attributable to the assessee, wholly or in part, it shall be excluded from the period for which, the interest is payable – it is not the case of the assessee th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner contends that just as an assessee is liable to pay interest on the delayed payment of tax, the department is also under obligation to pay interest on the delayed refund of the amounts. It is urged that Section 244-A provides for payment of interest, and in the instant case, though the refund was made almost after a decade, interest was not paid. The plea of the respondent is that the delay in refunding the amount, representing the TDS, was on account of the failure on the part of the petitioner to furnish the TDS certificates. They plead that it is only in the year 2001, that the petitioner submitted the indemnity bond, filed affidavit, and submitted documents, and that soon thereafter, the amount was refunded. Heard Sri S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as indemnity bond, furnishing particulars. Soon thereafter, an order of modification under Section 151 of the Act was passed on 12-06-2001, directing refund also i.e. ₹ 3,52,721/-. The occasion to pay interest would have arisen, if only the delay was on the part of the department. Section 244A of the Act itself mandates that, if the delay in refund is attributable to the assessee, wholly or in part, it shall be excluded from the period for which, the interest is payable. Section 244A of the Act reads, 244A. (1) [Where refund of any amount becomes due to the assessee under this Act], he shall, subject to the provisions of this section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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