9911796707
TMI Blog1998 (10) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax vide order dated November 26, 1989. For the reason that no demand was pending, the draft amount recovered was to be refunded and, therefore, a demand was made for refund of the amount along with interest vide annexure 1. Repeated reminders were also sent. The petitioner was asked to attend the Income-tax Office a number of times. For the reasons that the matter stood already decided in favour of the father of the petitioner, a departmental appeal had also been filed by the Department against the order of the Commissioner of Income-tax before the Tribunal. The Income-tax Officer, B-Ward, Alwar, vide its order dated February 14, 1986, informed the petitioner that he should furnish a security for the reason that there was likelihood of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith a further prayer to grant interest to the petitioner on the delayed refund of amount of Rs. 35,720 in view of the provisions contained in section 244(a)(?) and 244(1A) of the Income-tax Act. The petition has been opposed. It is stated that against the demand made, the Income-tax Officer has recovered the demand draft along with other demand drafts, i.e., three demand drafts were recovered, of an amount of Rs. 46,300, Rs. 1 lakh, and Rs. 76,500. It is stated that one of the drafts of Rs. 46,300 could not be encashed as payment was prohibited under section 281B of the Income-tax Act, 1961, and was impounded under section 131. It is stated that the assessee had filed the return of the income for the year 1981-82 declaring a loss, however ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er XIX, of the Act deals with the refunds. Section 240 prescribes that as a result of any order passed in appeal, if any amount becomes due to the assessee, the Assessing Officer shall, except as otherwise provided under the Act, refund the amount to the assessee without his having to make any claim in that behalf. Section 244 provides that in case where section 240 is applicable and the Assessing Officer does not grant the refund within three months from the end of the month in which such order is passed, the Central Government shall pay to the assessee simple interest at 15 per cent. per annum on the amount of refund due from the date immediately following the expiry of the period of three months aforesaid to the date on which the refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; (b) the assessment is annulled, the refund shall become due only of the amount, if any, of the tax paid in excess of the tax chargeable on the total income returned by the assessee. 244(1A). Where the whole or any part of the refund referred to in sub-section (1) is due to the assessee as a result of any amount having been paid by him after the 31st day of March, 1975, in pursuance of any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceeding under this Act to be in excess of the amount which such assessee is liable to pay as tax or penalty, as the case may be, under this Act, the Central Government shall pay to such assessee simple interest at the rate specified in sub-secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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