CIT v. Gujarat Fluoro Chemicals

358 ITR 291Supreme Court of India2013#1575 most cited

What is CIT v. Gujarat Fluoro Chemicals authority for?

An assessee is not entitled to interest on interest under section 244A of the Income-tax Act, particularly regarding interest granted on a refund.

72

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Gujarat Fluoro Chemicals · Section 244A · interest on interest · interest on refund · no interest on interest · section 243 · section 244 · refund interest entitlement · interest entitlement

Also reported as

42 Taxmann.com 1222 Taxmann 349

Sections most often in play

Section 143(3)Section 244ASection 154Section 147Section 243Section 244Section 244(1A)Section 244A(1A)

Issues it is cited on

section 140a(1)interest on interestsection 243interest on refundsection 244section 140asection 244asection 140section 220section 156section 220(2)section 24

Judgments citing CIT v. Gujarat Fluoro Chemicals

Bank of India, Mumbai vs. DCIT 2(1), Mumbai

The appeal is dismissed as not pressed

ITA 2883/MUM/2013[2000-01]Status: DisposedITAT Mumbai29 Jan 2016AY 2000-01

Bench: Shri R.C.Sharma (Am) & Shri Ram Lal Negi (Jm)

For Appellant: Shri. C.NareshFor Respondent: Shri. N.P.Singh
Section 115JSection 143(3)Section 154Section 244ASection 250Section 250(6)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “B”, MUMBAI BEFORE SHRI R.C.SHARMA (AM) AND SHRI RAM LAL NEGI (JM) ITA No.2883 to 2885/MUM/2013 Assessment Year: 2000-01 to 2001-02 & 2003-04 Bank Of India The Deputy Commissioner of 8th Floor, Star House, Income Tax- 2(1), Taxation Department, Aayakar Bhavan, Bandra-Kura Complex, Vs. Mumbai- 400020 Bandra (East) PAN : AAACB0472C (Appellant) (Respondent) Appellant by : Shri. C.Naresh Respondent by : Shri. N.P.Singh Date of Hearing: 17/12/2015 Date of Pronouncement: 29/01/2016 O R D E R PER RAM LAL NEGI, JM These appeals have been filed by the assessee…

Graphite India Ltd., Kolkata vs. Addi. Commissioner of Incime Tax, Range - 11, Kolkata

In the result, the appeal of the assessee is partly allowed as indicated above

ITA 397/KOL/2008[1998-99]Status: DisposedITAT Kolkata15 Jan 2016AY 1998-99

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

…sion of the Hon’ble Supreme Court in the case of Sandvik Asia Limited –vs.- CIT (2006) 2 SCC 508. The ld. D.R., on the other hand, has relied on the subsequent decision of the Hon’ble Supreme Court in the case of CIT –vs.- Gujarat Fluoro Chemicals reported in 358 ITR 291, wherein it was held by the Hon’ble Apex Court, after taking into consideration its earlier decision rendered in the case of Sandvik Asia Limited (supra), that the assessee is entitled to claim only that interest from revenue, which is provided for under statute and no other interest on such statutory interest. Since there is no provision in the…

Jagdish Chandra Malhotra, New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 5651/DEL/2013[2008-09]Status: DisposedITAT Delhi14 Jan 2016AY 2008-09

Bench: Shri I.C. Sudhir & Shri L.P. Sahuasstt.Year: 2008-09

For Appellant: Shri Nagesh Kumar Bahl, CAFor Respondent: Shri K.K. Jaiswal, Sr. DR
Section 143(1)Section 154Section 201Section 234CSection 244A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’ NEW DELHI BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER Asstt.Year: 2008-09 Shri Jagdish Chandra Malhotra, vs DCIT, C/o Nagesh Bahl & Co., CA Circle-6(1), 21/25, Moti Nagar, New Delhi. New Delhi. (PAN: AAIPM9318D) (Appellant) (Respondent) Appellant by: Shri Nagesh Kumar Bahl, CA Respondent by : Shri K.K. Jaiswal, Sr. DR Date of Hearing: 19.11.015 Date of pronouncement: 14.01.2016 O R D E R PER L.P. SAHU, A.M. This appeal by the assessee has been filed against the order of the CIT(A)-IX, New Delhi dated 26.8.2013 on the fol…

K. Kachradas Patel Specific Family Trust, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 5899/MUM/2014[1986-87]Status: DisposedITAT Mumbai24 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

Section 254(1)

…sessment. In this manner Ld. DR pleaded that interest has rightly been denied by Ld. CIT(A). 6.So far as it relates to ground No.4, it was submitted by Ld. DR that according to decision of Hon’ble Supreme Court in the case of CIT vs. Gujarat Flouro Chemicals, 358 ITR 291 (SC)w.e.f. 1/4/1989 the interest which can be granted to the assessee on refund as per section 244A would be the interest provided in that section and no other interest on such statutory interest can be provided. Thus, it was pleaded by Ld. DR that there is no provision according to which assessee can be granted interest on interest. 7.We have he…

K. Kachradas Patel Specific Family Trust, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 5864/MUM/2014[1986-87]Status: DisposedITAT Mumbai24 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

…sessment. In this manner Ld. DR pleaded that interest has rightly been denied by Ld. CIT(A). 6.So far as it relates to ground No.4, it was submitted by Ld. DR that according to decision of Hon’ble Supreme Court in the case of CIT vs. Gujarat Flouro Chemicals, 358 ITR 291 (SC)w.e.f. 1/4/1989 the interest which can be granted to the assessee on refund as per section 244A would be the interest provided in that section and no other interest on such statutory interest can be provided. Thus, it was pleaded by Ld. DR that there is no provision according to which assessee can be granted interest on interest. 7.We have he…

Ranchod Discretionary Family Trust, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 4712/MUM/2014[1986-87]Status: DisposedITAT Mumbai24 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

For Respondent: Shri Debashis Chanda-(CIT-DR)
Section 143(3)Section 154Section 155Section 155(2)Section 244ASection 254(1)

…sessment. In this manner Ld. DR pleaded that interest has rightly been denied by Ld. CIT(A). 6.So far as it relates to ground No.4, it was submitted by Ld. DR that according to decision of Hon’ble Supreme Court in the case of CIT vs. Gujarat Flouro Chemicals, 358 ITR 291 (SC)w.e.f. 1/4/1989 the interest which can be granted to the assessee on refund as per section 244A would be the interest provided in that section and no other interest on such statutory interest can be provided. Thus, it was pleaded by Ld. DR that there is no provision according to which assessee can be granted interest on interest. 4712-4722-R…

Ullas Discretionary Family Trust, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 4707/MUM/2014[1986-87]Status: DisposedITAT Mumbai24 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

For Respondent: Shri Debashis Chanda-(CIT-DR)
Section 143(3)Section 154Section 155Section 155(2)Section 244ASection 254(1)

…sessment. In this manner Ld. DR pleaded that interest has rightly been denied by Ld. CIT(A). 6.So far as it relates to ground No.4, it was submitted by Ld. DR that according to decision of Hon’ble Supreme Court in the case of CIT vs. Gujarat Flouro Chemicals, 358 ITR 291 (SC)w.e.f. 1/4/1989 the interest which can be granted to the assessee on refund as per section 244A would be the interest provided in that section and no other interest on such statutory interest can be provided. Thus, it was pleaded by Ld. DR that there is no provision according to which assessee can be granted interest on interest. 7.We have he…

Krishna Descretionary Family Trust, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 4693/MUM/2014[1986-87]Status: DisposedITAT Mumbai24 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

For Appellant: Shri Hemanshu ShahFor Respondent: Shri Debashis Chanda-(CIT-DR)
Section 143(3)Section 154Section 155Section 155(2)Section 244ASection 254(1)

…nner Ld. DR pleaded that interest has rightly been denied by Ld. CIT(A). 4693-4706-Krishna 6.So far as it relates to ground No.4, it was submitted by Ld. DR that according to decision of Hon’ble Supreme Court in the case of CIT vs. Gujarat Flouro Chemicals, 358 ITR 291 (SC)w.e.f. 1/4/1989 the interest which can be granted to the assessee on refund as per section 244A would be the interest provided in that section and no other interest on such statutory interest can be provided. Thus, it was pleaded by Ld. DR that there is no provision according to which assessee can be granted interest on interest. 7.We have he…

Vaibhavi Discretionary Family Trust ( Def. Corpus), Mumbai vs. ITO 12(2)(1)), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 2641/MUM/2014[1986-87]Status: DisposedITAT Mumbai04 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

…sessment. In this manner Ld. DR pleaded that interest has rightly been denied by Ld. CIT(A). 6.So far as it relates to ground No.4, it was submitted by Ld. DR that according to decision of Hon’ble Supreme Court in the case of CIT vs. Gujarat Flouro Chemicals, 358 ITR 291 (SC)w.e.f. 1/4/1989 the interest which can be granted to the assessee on refund as per section 244A would be the interest provided in that section and no other interest on such statutory interest can be provided. Thus, it was pleaded by Ld. DR that there is no provision according to which assessee can be granted interest on interest. 7.We have he…

DCIT vs. M/S Syndicate Bank

In the result, the revenue’s appeal is dismissed

ITA 1700/BANG/2013[1990-91]Status: DisposedITAT Bangalore30 Jun 2015AY 1990-91

Bench: Smt. P. Madhavi Devi & Shri Abraham P George

For Appellant: Shri Farhat Hussain Qureshi, CIT(DR)For Respondent: Smt. Lalitha Rameswaran
Section 115J

…eliance on the judgment of the Hon’ble Supreme Court in the case of Sandvik Asia Ltd., reported in 280 ITR 643 and that this reliance is erroneous in view of the subsequent judgment of the Apex Court in the case of CIT vs. Gujarat Fluoro Chemicals reported in 358 ITR 291 (SC). The learned counsel for the assessee, on the other hand, submitted that the judgment of the Hon’ble Supreme Court in the case of Sandvik Asia Ltd., (cited supra) was on sec.214 and not on sec.244A of the Act. He therefore submitted that the said judgment may not be applicable to the facts of the case before us. However, he relied upon the j…

CIT vs. Indian Farmer Fertilizer Co-Operative

The appeal is partly allowed

ITA/64/2013HC Delhi03 Mar 2015

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

Section 143(1)Section 154Section 214Section 244Section 244A

…f principal to any amount over and above the interest directed by Section 244A(1) itself. Learned counsel placed reliance upon the decision of the Supreme Court in Commissioner of Income Tax V. ITA 64/2013 Page 4 Gujarat Fluoro Chemicals 358 ITR 291. In that judgment, the Court noticed Sandvik Asia Ltd. (supra) and held pertinently as follows : “7. As we have already noticed, in Sandvik case (supra) this Court was considering the issue whether an assessee who is made to wait for refund of interest for decades be compensated for the great prejudice caused to it due to the delay in its…

Commissioner of Income Tax-VIII vs. Indian Farmer Fertilizer Co-Operative

The appeal is partly allowed

ITA/542/2012HC Delhi03 Mar 2015
Section 143(1)Section 154Section 214Section 244Section 244A

…y amount over and above the interest directed by Section 244A(1) itself. Learned counsel placed reliance upon the decision of the Supreme Court in Commissioner of Income Tax V. 2015:DHC:2060-DB ITA 542/2012 Page 4 Gujarat Fluoro Chemicals 358 ITR 291. In that judgment, the Court noticed Sandvik Asia Ltd. (supra) and held pertinently as follows : “7. As we have already noticed, in Sandvik case (supra) this Court was considering the issue whether an assessee who is made to wait for refund of interest for decades be compensated for the great prejudice caused to it due to the delay in its…