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)
Navigating the Complexities of GST Pre-deposit Requirements Before GSTAT
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
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...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Capital gains taxation on immovable property under the Income-tax Act, 1961 often turns on a deceptively simple question: when is a proper...
-
Tax Deducted at Source (TDS) is generally not applicable to interchange fees, payment gateway charges, or the Merchant Discount Rate (MDR)...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
No comments:
Post a Comment