ASST. C I T vs. SARABHAI FOUNDATION
What did the High Court hold?
The High Court held that the assessee is entitled to interest under Section 244(1A) on the refund amount of interest levied under Sections 139(8) and 215 of the Income Tax Act, provided such interest was collected pursuant to an assessment order that was subsequently refunded. This position was supported by the Madras High Court's decision in CIT vs. Needle Industries Pvt. Ltd. and the Gujarat High Court's own Division Bench decision in CIT vs. Gujarat State Warehousing Corporation, which relied on the Madras High Court's ruling. Applying these precedents, the substantial question of law was answered against the revenue. Consequently, all the appeals filed by the revenue were dismissed. No costs were awarded.
What were the facts?
The appeals were filed by the Assistant Commissioner of Income Tax (Revenue) against the Sarabhai Foundation (Assessee) concerning multiple assessment years. The core issue revolved around the admissibility of interest under Section 244(1A) of the Income Tax Act on amounts that were themselves interest levied under Sections 139(8) and 215 of the Act. The dispute pertained to periods prior to April 1, 1989. The appeals were consolidated for a common judgment due to identical questions of law and fact.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal has substantially erred in holding that interest under Section 244(1A) is admissible on the amount of interest levied under Section 139(8) and 215 of the Income Tax Act? Assessee's Contentions: The assessee argued that the question was covered against the revenue by the Gujarat High Court's decision in CIT vs. Gujarat State Warehousing Corporation (256 ITR 596) and the Madras High Court's decision in CIT vs. Needle Industries Pvt. Ltd. (233 ITR 370). They contended that for the period prior to April 1, 1989, Section 244(1A) would apply to the refund of interest levied under Sections 139 and 215, and not Section 244A. Revenue's Contentions: The revenue's learned advocate was not in a position to dispute the assessee's submissions.
Which sections of the Income-tax Act were involved?
Section 244(1A),Section 139(8),Section 215,Section 244A
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH)
As common question of law and facts arise in this group of appeals and as such with respect to same assessee but with respect to O/TAXAP/45/2001 JUDGMENT different assessment years, all these appeals are decided and disposed of by this common judgment and order.
In all these appeals, the following common substantial question law is framed to be considered by this Court in this group of appeals. “Whether on the facts and the circumstances of the case, the Appellate Tribunal has substantially erred in holding that interest under Section 244(1A) is admissible on the amount as interest under Section 139(8) & 215 of the Income Tax Act?” 3.0. contended on behalf of the revenue. O/TAXAP/45/2001 JUDGMENT
Ms. Bhatt, learned advocate for the revenue is as such not in a position to dispute the above and as such is not disputing the above. In the case of Needle Industries Pvt. Ltd (supra), identical question came to be considered by the Madras High Court and it is held that the assessee is entitled to interest under Section 244(1A) on refund amount of interest levied under Section 139(8) and 215 of the Act and collected in pursuance of an order of assessment which was refunded and therefore, the assessee would be entitled to interest under Section 244(1A) in respect of refund of interest levied under Section 139(8) and 215 of the Act.
In the case of Gujarat State Warehousing Corporation (supra) the Division Bench of this Court has also taken the similar view, relying upon the decision of the Madras High Court In the case of Needle Industries Pvt. Ltd (supra).
Applying the ratio / law laid down by the Madras High Court in the case of Needle Industries Pvt. Ltd (supra) and the decision of the Division Bench of this Court in the case of Gujarat State Warehousing Corporation (supra), to the facts of the case on hand, the question raised in the present appeals is answered against the revenue. Consequently all the appeals deserves to be dismissed and are
accordingly dismissed. No costs. (M.R.SHAH, J.) (R.D.KOTHARI, J.) Kaushik
More judgments on Section 139(8)
- Rupal Chemicals, Ratnagiri vs ITO Ward 1, RatnagiriITA 2588/PUN/2025[2021-22]Status: Disposed16 Dec 2025AY 2021-22
- Karnataka Vidyutshakti Mandali Naukarara… vs Income Tax Officer, Ward-1 & Tps, ShimogaITA 1444/BANG/2025[2019-2020]Status: Disposed21 Aug 2025AY 2019-2020
- Karnataka Vidyutshakti Mandali Naukarara… vs Income Tax Office, Ward-1 & Tps, ShimogaITA 1443/BANG/2025[2018-19]Status: Disposed21 Aug 2025AY 2018-19
- Shree Piyushpani Sthapatya Sangrahalay… vs ITO Exemption Ward 2(3), MumbaiITA 3428/MUM/2025[2022-23]Status: Disposed24 Jul 2025AY 2022-23
- Shree Piyushpani Sthapatya Sangrahalay… vs Dy Director ITO Exemption Ward 2(3), MumbaiITA 3427/MUM/2025[2021-22]Status: Disposed24 Jul 2025AY 2021-22
Latest GST High Court judgments
Search GST case law →- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Laxman Singh Yadav vs. Bank Of BarodaMadhya Pradesh · 26 Oct 2026
- Surendra Singh Rathore vs. Idfc First Bank Through Branch ManagerMadhya Pradesh · 26 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026