Ahmedabad ITAT upholds
CIT(A)’s order and rules in favour of assessee, grants Sec. 244A interest
on the refund of interest paid u/s. 234B [relating to advance tax default]
for AY 2007-08; As per Income Tax computation form (‘ITNS 150’) prepared
by AO, interest u/s. 234B was originally computed at Rs. 4 cr., which was
subsequently reduced to Rs. 1.41 cr. due to reversal of certain additions in
appeal proceedings, rejects Revenue’s stand that Sec. 244A only provides for
interest on refund of tax or penalty amount and not the interest amount; ITAT
upholds CIT(A)’s reliance on Ahmedabad ITAT ruling in Alembic Glass Industries
Ltd. wherein it was held that in the context of Sec. 244A(1)(b), the expression
'tax' would include interest also and the definition of tax in Sec. 2(43)
meaning 'income-tax' may not be applicable in the context of Sec. 244A(1); ITAT
holds that the expression ‘in any other case’ occurring in Sec. 244A(1)(b)
would include interest on an amount of refund resulted from reversal of excess
interest charged u/s. 234B, thus concludes that “the assessee would be
entitled the claim u/s. 244A from the original date”. :ITAT
Subscribe to:
Post Comments (Atom)
Delhi HC holds 10% pre-deposit requirement for penalty-only appeals inapplicable where SCN was issued before amendment
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
This Tax Alert summarizes a recent Circular issued by the Central Board of Indirect Taxes and Customs (CBIC) clarifying the manner of gra...
-
This Tax Alert summarizes a recent judgement of the Kerala High Court (HC) 1 upholding the validity of GST notifications 2 extending the t...
No comments:
Post a Comment