LIC HOUSING FINANCE LTD,MUMBAI vs. ACIT, MUMBAI

ITA 6972/MUM/2024Status: DisposedITAT Mumbai12 February 2026AY 2005-06Bench: the CIT(A) like (a) Hon'ble Apex Court in UOI v. Tata Chemicals Ltd. [363 ITR 658 SC) (b) Hon'ble Bom HC in UPS Freight Services India (P.) Ltd. v. DCIT [2023] 156 taxmann.com 489 (Bombay) and Hon'ble Rajasthan High Court in Dwejesh Acharya v. Income Tax Officer [2023] 157 taxmann.com 332. 3. In this case of a Public Sector undertaking of Government of India, the assessee filed VSVS application as per under Direct Tax Vivad Se Vishwas Act, 2020(DTVSV).The ld.Pr.CIT while accepting the appli1 pages
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What did the Tribunal hold?

The Tribunal held that the assessee is entitled to interest on the delayed refund. It relied on Supreme Court decisions which established that interest components partake of the character of 'amount due' and are eligible for interest under Section 244A.

What were the facts?

The assessee claimed interest on a tax refund determined under the Vivad se Vishwas (VSVS) Act, 2020, which was released after a significant delay. The Assessing Officer (AO) and the Commissioner (Appeals) rejected this claim, stating that Section 244A of the Income Tax Act was not applicable to refunds under the VSVS scheme.

What were the issues?

Whether interest is allowable under Section 244A of the Income Tax Act on a tax refund determined under the Vivad se Vishwas Act, 2020, when the refund was delayed.

Which sections of the Income-tax Act were involved?

Section 244A,Section 154

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Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI PRABHASH SHANKAR

For Appellant: Shri S.Bhandari and Sri Shreyas Shah,(Adv.) and Amicus Curiae
For Respondent: Shri Surendra Mohan,(Sr. DR)
Hearing: 12.12.2025Pronounced: 12.02.2026

PER PRABHASH SHANKAR [A.M.] :- The above captioned appeals have been filed by the assessee against the orders of even date passed by the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] pertaining to the order passed u/s. 154 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for the Assessment Years [A.Y.] 2005- 06, 2006-07 and 2007-08. Since the issues are common and interlinked, these appeals are being taken up toget

The order continues below.

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