CIT vs. ENGINEERS INDIA LTD

ITA - 300 / 2012HC Delhi26 February 201521 pages
For Petitioner: NP SAHNI
AI SummaryAllowed

What did the High Court hold?

The High Court held that interest under Section 244A is not payable on excess self-assessment tax paid voluntarily, unless it is pursuant to a demand by the Revenue or due to an error by the Revenue. The assessee's claim for interest was not sustained.

What were the facts?

The assessee paid excess self-assessment tax and claimed interest under Section 244A. The Assessing Officer did not allow this interest, but the CIT(A) and ITAT ruled in favor of the assessee.

What were the issues?

Whether interest under Section 244A is payable on excess self-assessment tax paid voluntarily by the assessee. Whether the proviso to Section 244A(1)(a) or the residuary clause 244A(1)(b) applies to such excess payments.

Which sections of the Income-tax Act were involved?

Section 244A,Section 140A,Section 143(1)

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ITA 300/2012 * IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: February 10, 2015 Pronounced on: February 26, 2015

+

ITA 300/2012

CIT

..... Appellant Through Mr. N P Sahni, sr. standing counsel with Mr. Nitin Gulati and Mr. Judy James, Advs.

Versus

ENGINEERS INDIA LTD

..... Respondent

Through Ms. Sonu Bhatnagar, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA

MR. JUSTICE R.K.GAUBA

%

1.

This appeal under Section 260-A of the Income Tax Act, 1961 assails the order dated 30.09.2011 of Income Tax Appellate Tribunal (hereinafter referred to as “the ITAT”) passed in Income Tax Appeal No. 5392/Del/2010 in respect of the respondent (assessee) for assessment year 2006-2007, holding the assessee to be entitled to interest under Section 244A on the excess self-assessment tax paid under Section 140A, thereby upholding the order dated 20.09.2010 to such effect passed by Commissioner of Income Tax (Appeals) (hereinaft

The order continues below.

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