CIT v. HEG Ltd.

324 ITR 331Supreme Court of India2010#1829 most cited

What is CIT v. HEG Ltd. authority for?

Under Section 244A, the "amount due" for a refund includes both the principal tax and the interest accrued thereon up to the date the refund is granted. If the revenue fails to pay the full amount of refund, it is liable to pay further interest on the outstanding balance of this total refund, which does not constitute "interest on interest".

63

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v HEG Ltd · 324 ITR 331 · Section 244A · interest on refund · interest on interest · Section 244A(1) · calculation of interest · unpaid refund balance · accrued interest · Income Tax Act · Supreme Court

Also reported as

189 Taxmann 335

Sections most often in play

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

Issues it is cited on

section 140a(1)interest on interestsection 244a(1)section 140ainterest on refundsection 244section 243section 244asection 140advance taxsection 24section 206c

Judgments citing CIT v. HEG Ltd.

DINESH CHAND JAIN,KANPUR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, KANPUR

In the result, the appeal of the assessee is allowed

ITA 692/LKW/2025[2012-13]Status: DisposedITAT Lucknow17 Feb 2026AY 2012-13

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2012-13 Dinesh Chand Jain, Vs. Dy. Cit, 7/189, Swaroop Nagar, Kanpur- Central Circle-1, Kanpur 280002, U.P. Pan: Adbpj2732Q (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Add Cit Dr Date Of Hearing: 04.12.2025 Date Of Pronouncement: 17.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Ao Under Section 143(3) R.W.S. 154 Of The Income Tax Act, 1961 On 28.04.2016. The Grounds Of Appeal Are As Under:- “1.1 Because The Id. "Cit(A)" Has Erred In Law & On Facts In Upholding The Action Of The Assessing Officer In Withdrawing The Refund Of Interest Amounting To Rs. 8,20,163/-, Paid To The Assessee U/S 244A Of The Income-Tax Act, 1961 On Excess Amount Of Self-Assessment Tax Paid U/S 140A Of The Act. 1.2 Because The View Taken By Id. "Cit(A)" While Upholding The Action Of The Assessing Officer Is Based On Misinterpretation Of The Provisions Of Clause (B) Of Sub-Section (1) Of Section 244A Of The Act, As Applicable At The Relevant Point Of Time. 2. Because, In Any Case & Without Prejudice To The Grounds Hereinfore, While Upholding The Action Of The Assessing Officer In Withdrawing The Interest Paid To The Assessee U/S 244A Of The Act, The Ld. "Cit(A)" Failed To Appreciate That The Issue Of Payment Of Interest On Excess Amount Paid U/S 140A Was Debatable In Nature & It Could Not Have Been Decided By Invoking The Provisions Of Section 154 Of The Act As The Same Did Not Constitute A Mistake Apparent From The Record.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.R.N. Shukla, Add CIT DR
Section 140ASection 143(3)Section 154Section 240Section 244Section 244ASection 244A(1)(a)Section 244A(1)(b)

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW ‘A’ BENCH, LUCKNOW BEFORE SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER A.Y. 2012-13 Dinesh Chand Jain, vs. Dy. CIT, 7/189, Swaroop Nagar, Kanpur- Central Circle-1, Kanpur 280002, U.P. PAN: ADBPJ2732Q (Appellant) (Respondent) Assessee by: Sh. P.K. Kapoor, C.A. Revenue by: Sh. R.R.N. Shukla, Add CIT DR Date of hearing: 04.12.2025 Date of pronouncement: 17.02.2026 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the orders of the ld. AO under section 143(3) r.w.s. 154 of the Income Tax Act, 1961 on 28…

LIC HOUSING FINANCE LTD,MUMBAI vs. ACIT, MUMBAI

In the result, all the aforesaid appeals of the assessee are allowed

ITA 6972/MUM/2024[2005-06]Status: DisposedITAT Mumbai12 Feb 2026AY 2005-06

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri S.Bhandari and Sri Shreyas Shah,(Adv.) and Amicus CuriaeFor Respondent: Shri Surendra Mohan,(Sr. DR)
Section 143(1)(a)Section 153(5)Section 154Section 244ASection 244A(1)(b)Section 5(2)

…d on the decision of Hon’ble Mumbai ITAT in the case of Deutsche Bank A. G. Vs The Deputy Director of Income Tax (International Taxation) ITA No. 3789/Mum/2010 wherein interest on interest was allowed following decision of Hon’ble Apex Court in H.E.G. Ltd. in 324 ITR 331 (SC). 4.7 It is pleaded that denial of refund will lead to absurd results. Major part of the refund has been adjusted against the then existing tax demands and this adjustment could have been done immediately on issuance of Form 5 by Pr. CIT. On the outstanding demand, the assessee continued to pay interest @ 12% p.a. which was not allowed as exp…

JCIT (IN SITU), CIRCLE-1(1), KOLKATA, KOLKATA vs. THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED, KOLKATA

In the result, the appeal filed by the assessee is allowed

ITA 750/KOL/2025[1992-93]Status: DisposedITAT Kolkata26 Aug 2025AY 1992-93

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.750/Kol/2025 (निर्धारण वर्ा / Assessment Year : 1992-93) Jcit (In Situ), Circle-1(1), Vs The Peerless General Finance Kolkata & Investment Company Limited Peerless Bhawan, 3, Esplanade East, Kolkata-700069 Pan No. :Aabct 3043 L (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Sushanta Saha, Addl. Cit निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca सुनवाई की तारीख / Date Of Hearing : 31/07/2025 घोषणा की तारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 26.09.2017, Passed By The Ld. Cit(A)-22, Kolkata, For The Assessment Year 1992-93. 2. At The Outset, We Observe That There Is A Delay Of 39 Days In Filing The Appeal By The Revenue For Which The Condonation Petition Has Been Filed. After Perusing The Contents Of Condonation Petition, We Are Inclined To Condone The Delay & Admit The Appeal For Adjudication. 3. The Only Issue Raised By The Revenue In The Various Grounds Of Appeal Is Against The Order Of The Ld. Cit(A) Holding That The Assessee Is Entitled To Interest On Unpaid Interest Whereas There Is No Provisions As Per The Income Tax Act To Charge The Interest On Unpaid Interest On The Assessee As Well As Nowhere The Powers Give Rights To The Assessing Officer To Give Interest On Unpaid Interest To The Assessee.

For Appellant: Shri S.K.Tulsiyan, Advocate and MsFor Respondent: Shri Sushanta Saha, Addl. CIT
Section 154Section 244A

…0/- representing TDS credit. Thus, it was submitted that the Assessing Officer has grossly erred in separately computing interest on unpaid interest of Rs.1,68,94,740/- ignoring the decision of the Hon’ble Supreme Court in the case of H.E.G. Ltd., reported in 324 ITR 331. Accordingly to the assessee the interest on unpaid interest becomes his 3 part of the refund and the interest has to be computed accordingly. The ld CIY(A) after considering the contention of the assessee, allowed the appeal of the assessee by observing and holding as under :- 04. DECISION 1. I have carefully examined the impugned order u/s. 15…

THE FEDERAL BANK LTD,KOCHI vs. ACIT, , KOCHI

In the result, the appeal of the assessee stands partly allowed

ITA 533/COCH/2023[2020-21]Status: DisposedITAT Cochin25 Jun 2025AY 2020-21

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri K. Gopi, CAFor Respondent: Shri Sundarasan S., CIT-DR
Section 143(3)Section 154Section 244A

…s filed before the CIT(A), who vide the impugned order confirmed the action of the AO placing reliance on the decisions of the Hon'ble Supreme Court in the case of CIT v. Gujarat Fluoro Chemicals [2014] 358 ITR 291 and in the case of CIT v. H.E.G. Ltd. [2010] 324 ITR 331 by holding that the appellant is not entitled for interest on interest. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee submitted that the appellant is entitled for interest u/s. 244A of the Act even on interest granted u/s. 244A of the Act. In support of this he…

THE FEDERAL BANK LTD,KOCHI vs. ACIT, KOCHI

In the result, the appeal of the assessee stands partly allowed

ITA 532/COCH/2023[2010-11]Status: DisposedITAT Cochin25 Jun 2025AY 2010-11

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri K. Gopi, CAFor Respondent: Shri Sundarasan S., CIT-DR
Section 143(3)Section 154Section 244A

…s filed before the CIT(A), who vide the impugned order confirmed the action of the AO placing reliance on the decisions of the Hon'ble Supreme Court in the case of CIT v. Gujarat Fluoro Chemicals [2014] 358 ITR 291 and in the case of CIT v. H.E.G. Ltd. [2010] 324 ITR 331 by holding that the appellant is not entitled for interest on interest. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee submitted that the appellant is entitled for interest u/s. 244A of the Act even on interest granted u/s. 244A of the Act. In support of this he…

THE FEDERAL BANK LTD,KOCHI vs. ACIT, KOCHI

In the result, the appeal of the assessee stands partly allowed

ITA 531/COCH/2023[2007-08]Status: DisposedITAT Cochin25 Jun 2025AY 2007-08

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri K. Gopi, CAFor Respondent: Shri Sundarasan S., CIT-DR
Section 143(3)Section 154Section 244A

…s filed before the CIT(A), who vide the impugned order confirmed the action of the AO placing reliance on the decisions of the Hon'ble Supreme Court in the case of CIT v. Gujarat Fluoro Chemicals [2014] 358 ITR 291 and in the case of CIT v. H.E.G. Ltd. [2010] 324 ITR 331 by holding that the appellant is not entitled for interest on interest. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee submitted that the appellant is entitled for interest u/s. 244A of the Act even on interest granted u/s. 244A of the Act. In support of this he…

THE FEDERAL BANK LTD,KOCHI vs. ACIT, KOCHI

In the result, the appeal of the assessee stands partly allowed

ITA 530/COCH/2023[2001-02]Status: DisposedITAT Cochin25 Jun 2025AY 2001-02

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri K. Gopi, CAFor Respondent: Shri Sundarasan S., CIT-DR
Section 143(3)Section 154Section 244A

…s filed before the CIT(A), who vide the impugned order confirmed the action of the AO placing reliance on the decisions of the Hon'ble Supreme Court in the case of CIT v. Gujarat Fluoro Chemicals [2014] 358 ITR 291 and in the case of CIT v. H.E.G. Ltd. [2010] 324 ITR 331 by holding that the appellant is not entitled for interest on interest. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee submitted that the appellant is entitled for interest u/s. 244A of the Act even on interest granted u/s. 244A of the Act. In support of this he…

THE FEDERAL BANK LTD.,KOCHI vs. ACIT, KOCHI

In the result, the appeal of the assessee stands partly allowed

ITA 529/COCH/2023[2000-01]Status: DisposedITAT Cochin25 Jun 2025AY 2000-01

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri K. Gopi, CAFor Respondent: Shri Sundarasan S., CIT-DR
Section 143(3)Section 154Section 244A

…s filed before the CIT(A), who vide the impugned order confirmed the action of the AO placing reliance on the decisions of the Hon'ble Supreme Court in the case of CIT v. Gujarat Fluoro Chemicals [2014] 358 ITR 291 and in the case of CIT v. H.E.G. Ltd. [2010] 324 ITR 331 by holding that the appellant is not entitled for interest on interest. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee submitted that the appellant is entitled for interest u/s. 244A of the Act even on interest granted u/s. 244A of the Act. In support of this he…

PURANMAL DELHIWALA,WADALA, MUMBAI vs. ITO WARD 23(2)(6), MUMBAI

In the result, the appeal is partly allowed

ITA 3785/MUM/2024[1993-94]Status: DisposedITAT Mumbai21 May 2025AY 1993-94
Section 143(3)Section 154Section 244(1)Section 244ASection 244A(1)Section 254

…to the\ndecision of the Hon. Delhi High Court in the case of India Trade Promotion Organization\nv/s CIT (06.09.2013) 38 taxmann.com 233 wherein by placing reliance on the decision of\nthe Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, it\nis held that the words \" refund of any amount becomes due to the assessee\" would include\nin its scope tax as well as interest which has accrued and is payable upto the date of\nrefund. Accordingly, it is further held that when the revenue does not pay full amount of\nrefund but part amount is paid, it will be liable to pay interest on the…

M.N. RANGAMANI,CHENNAI vs. INCOME TAX OFFICER, CORPORATE WARD - 2(1), CHENNAI, CHENNAI

In the result, the appeal filed by the assessee is dismissed

ITA 2383/CHNY/2024[AY 2011-12]Status: DisposedITAT Chennai07 Apr 2025

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita No.2383/Chny/2024 िनधा9रण वष9 /Assessment Year: 2011-12

For Appellant: Shri M.N.Rangamani, C.A HIFor Respondent: Ms. Pushpa Hemachand, JCIT
Section 143(1)Section 154Section 244A

…आयकर अपीलीय अिधकरण, ‘बी’ "ायपीठ, चे"ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI "ी मनु कुमार िग"र, "ाियक सद! एवं "ी जगदीश, लेखा सद! के सम( BEFORE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.2383/Chny/2024 िनधा9रण वष9 /Assessment Year: 2011-12 M.N. Rangamani, The Income Tax Officer, 94, First Avenue, Vs. Ward-2(1), Defence Officers Colony, Chennai. Chennai – 600 032. [PAN: AAEPR 5701M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथF की ओर से/ Appellant by : Shri M.N.Rangamani, C.A HIथF की ओर से /Respondent by : Ms. Pushpa Hemachand, JCIT सुनवाई क…

TATA SONS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - 2(3)(1), MUMBAI

In the result, both the appeals are allowed for statistical purposes

ITA 5109/MUM/2024[2008-2009]Status: HeardITAT Mumbai16 Dec 2024AY 2008-2009

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sandeep Singh Karhail, Hon’Ble

For Appellant: Shri Sukhsagar Syal, A/RFor Respondent: Shri Hemanshu Joshi, Sr. D/R
Section 244ASection 251

…wn to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann.com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, I.T.A. No. 5109/Mum/2024 & I.T.A. No. 5102/Mum/2024 5 it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount…

TATA SONS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - 2(3)(1), MUMBAI

In the result, both the appeals are allowed for statistical purposes

ITA 5102/MUM/2024[2009-2010]Status: HeardITAT Mumbai16 Dec 2024AY 2009-2010

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sandeep Singh Karhail, Hon’Ble

For Appellant: Shri Sukhsagar Syal, A/RFor Respondent: Shri Hemanshu Joshi, Sr. D/R
Section 244ASection 251

…wn to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann.com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, I.T.A. No. 5109/Mum/2024 & I.T.A. No. 5102/Mum/2024 5 it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount…

NIRMA LIMITED,AHMEDABAD vs. THE DCTI , CIRCLE-3(1)(1) NOW DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD

Appeal of the assessee is allowed

ITA 475/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2013-14

Bench: Mrs. Annapurna Gupta & Ms. Suchitra R. Kambleिनधा"रण वष"/Assessment Year: 2013-14 Nirma Limited, The Dy. Commissioner Of Vs. Nirma House, Ashram Road, Income-Tax, Ahmedabad-380 009 Circle-3(1)(1), Pan : Aaacn 5350 K Ahmedabad-380009 अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Sanjay Kumar, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 11.07.2024 घोषणा क" तारीख /Date Of Pronouncement: 09.10.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Of The Commissioner Of Income-Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 10.04.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2013-14. 2. The Effective Ground Raised By The Assessee Is As Follows:-

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Sanjay Kumar, Sr DR
Section 139Section 140ASection 143Section 143(1)Section 143(3)Section 156Section 199Section 206CSection 244ASection 244A(1)

…आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ ‘A’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD BEFORE MRS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER AND MS. SUCHITRA R. KAMBLE, JUDICIAL MEMBER िनधा"रण वष"/Assessment Year: 2013-14 Nirma Limited, The Dy. Commissioner of Vs. Nirma House, Ashram Road, Income-tax, Ahmedabad-380 009 Circle-3(1)(1), PAN : AAACN 5350 K Ahmedabad-380009 अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee by : Shri Bandish Soparkar, AR Revenue by : Shri Sanjay Kumar, Sr DR सुनवाई क" तारीख/Date of Hearing : 11.07.2024 घोषणा क" तारीख /Date…

TATA SONS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX 2(3)(1), INCOME TAX

ITA 2622/MUM/2023[2006-2007]Status: DisposedITAT Mumbai05 Aug 2024AY 2006-2007

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary]

Section 244A

…n to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann. com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount is paid, it will be liable to pay interest on the balan…

TATA SONS PRIVATE LIMITED,MUMBAI vs. JOINT COMMISSIONER OF INCOME TAX (OSD) 2(3)(1), INCOME TAX

ITA 2621/MUM/2023[2001-2002]Status: DisposedITAT Mumbai05 Aug 2024AY 2001-2002

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary]

Section 244A

…n to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann. com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount is paid, it will be liable to pay interest on the balan…

TATA SONS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX 2(3)(1), INCOME TAX

ITA 2620/MUM/2023[2007-2008]Status: DisposedITAT Mumbai05 Aug 2024AY 2007-2008

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary]

Section 244A

…n to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann. com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount is paid, it will be liable to pay interest on the balan…

TATA SONS PRIVATE LIMITED,MUMBAI vs. JOINT COMMISSIONER OF INCOME TAX OSD 2(3)(1), INCOME TAX

ITA 2619/MUM/2023[2010-2011]Status: DisposedITAT Mumbai05 Aug 2024AY 2010-2011

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary]

Section 244A

…n to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann. com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount is paid, it will be liable to pay interest on the balan…

TATA SONS PRIVATE LIMITED,MUMBAI vs. JOINT COMMISSIONER OF INCOME TAX OSD 2(3)(1), INCOME TAX

ITA 2618/MUM/2023[2011-2012]Status: DisposedITAT Mumbai05 Aug 2024AY 2011-2012

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary]

Section 244A

…n to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann. com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount is paid, it will be liable to pay interest on the balan…

TATA SONS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-2(3)(1), MUMBAI

The appeal of the assessee is partly allowed

ITA 2362/MUM/2023[1993-1994]Status: DisposedITAT Mumbai06 Dec 2023AY 1993-1994

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

For Appellant: Shri P.D. Chougule (Addl.CIT)
Section 140A(1)Section 244ASection 244A(1)Section 251

…wn to the decision of the Hon. Delhi High Court in the case of India Trade Promotion Organization v/s CIT (06.09.2013) 38 taxmann.com 233 wherein by placing reliance on the decision of the Hon. Supreme Court of India in the case of CIT v/s. H.E.G. Ltd. (2010) 324 ITR 331, it is held that the words " refund of any amount becomes due to the assessee" would include in its scope tax as well as interest which has accrued and is payable upto the date of refund. Accordingly, it is further held that when the revenue does not pay full amount of refund but part amount is paid, it will be liable to pay interest on the balan…

DCTI-3(4), , MUMBAI vs. M/S IDBI BANK LTD , MUMBAI

Accordingly, the grounds raised assessee are allowed and that of the revenue are dismissed

ITA 2081/MUM/2023[2002-2003]Status: DisposedITAT Mumbai30 Oct 2023AY 2002-2003

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

Section 143(3)Section 244A

…tilizer Co-operative (2016) 71 taxmann.com 37 (Delhi), where it is held that the ruling of the Supreme Court in the case of CIT vs. Gujarat Flouro Chemicals Ltd (supra), should be followed as opposed to the ratio laid down in the case of CIT vs HEG Ltd (2010) 324 ITR 331 which has been followed in the decision of the coordinate bench in the case of Bank of Baroda (supra). Accordingly, the Ld.DR submitted that the decision of the co-ordinate bench cannot be applied in assessee’s case since there is a ratio laid down by the higher court that there cannot be any interest on interest on refunds granted to the assesse…

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