IT: Tax paid on self assessment would fall under section 244A(1)(b), i.e. a residuary clause covering refunds of amount not falling under section 244A(1), therefore, interest is payable on refund on excess amount paid on self assessment tax
■■■
[2015] 53 taxmann.com 106 (Bombay)
HIGH COURT OF BOMBAY
Stock Holding Corporation of India Ltd.
v.
N.C. Tewari, Commissioner of Income-tax, Mumbai City- III*
M.S. SANKLECHA AND S.C. GUPTE, JJ.
WRIT PETITION NO. 823 OF 2000
NOVEMBER 17, 2014
Section 244A, read with sections 140A and 156, of the Income-tax Act, 1961 - Refunds - Interest on (Self assessment tax) - Assessment year 1994-95 - Whether tax paid on self assessment would fall under section 244A(1)(b), i.e. a residuary clause, covering refunds of amount not falling under section 244A(1) - Held, yes - Whether, therefore, interest is payable under section 244A(1)(b) on refund on excess amount paid on self assessment tax - Held, yes - Whether interest is payable from date of payment of tax on self assessment to date of refund of amount under section 244A - Held, yes [Paras 7, 8 and 12][In favour of assessee]
Circulars & Notifications : CBDT Circular No. 549, dated 31-10-1989
■■■
[2015] 53 taxmann.com 106 (Bombay)
HIGH COURT OF BOMBAY
Stock Holding Corporation of India Ltd.
v.
N.C. Tewari, Commissioner of Income-tax, Mumbai City- III*
M.S. SANKLECHA AND S.C. GUPTE, JJ.
WRIT PETITION NO. 823 OF 2000
NOVEMBER 17, 2014
Section 244A, read with sections 140A and 156, of the Income-tax Act, 1961 - Refunds - Interest on (Self assessment tax) - Assessment year 1994-95 - Whether tax paid on self assessment would fall under section 244A(1)(b), i.e. a residuary clause, covering refunds of amount not falling under section 244A(1) - Held, yes - Whether, therefore, interest is payable under section 244A(1)(b) on refund on excess amount paid on self assessment tax - Held, yes - Whether interest is payable from date of payment of tax on self assessment to date of refund of amount under section 244A - Held, yes [Paras 7, 8 and 12][In favour of assessee]
Circulars & Notifications : CBDT Circular No. 549, dated 31-10-1989
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