CIT v. HEG Ltd.

324 ITR 331Supreme Court of India2010#1807 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 366,470 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.

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

…t to be disturbed. It is firstly argued that the refund sought was only in respect of the interest payable and not any amount over and above it. It was next contended that the decision of the Supreme Court in Commissioner of Income Tax V. HEG Ltd. (2010) 324 ITR 331 supports the view adopted by the ITAT. Learned counsel also stated that a Division Bench of this Court had followed HEG Ltd. (supra), in India Trade Promotion Organisation V. CIT (2014) 361 ITR 646. In India Trade Promotion Organisation (supra) it was held – after consideration of HEG Ltd. (supra) that “15. A reading of the aforesaid pas…

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

…t to be disturbed. It is firstly argued that the refund sought was only in respect of the interest payable and not any amount over and above it. It was next contended that the decision of the Supreme Court in Commissioner of Income Tax V. HEG Ltd. (2010) 324 ITR 331 supports the view adopted by the ITAT. Learned counsel also stated that a Division Bench of this Court had followed HEG Ltd. (supra), in India Trade Promotion Organisation V. CIT (2014) 361 ITR 646. In India Trade Promotion Organisation (supra) it was held – after consideration of HEG Ltd. (supra) that “15. A reading of the aforesaid pas…

CIT vs. Agilent Technologies India Pvt Ltd

ITA - 345 / 2012HC Delhi18 May 2012
Section 143(3)Section 244ASection 244A(1)

…ustified and the appropriate date. . 4. The next contention raised by the Revenue is that the interest on interest should not have been paid. This issue is covered by the decision of the Supreme Court in the case of CIT v. H.E.G. Ltd. (2010) 324 ITR 331 (SC). In this case it has been held that the interest component will partake of the character of the amount due under Section 244A and it becomes an integral part of the amount of refund due to the assessee. . 5. The appeal has no merits and is accordingly dismissed. No costs. . . . SANJIV KHANNA, J. . . . .…