Sandvik Asia Ltd. v. CIT

280 ITR 643Supreme Court of India2006#1194 most cited

What is Sandvik Asia Ltd. v. CIT authority for?

Assessees are entitled to compensation for the inordinate delay by the Income Tax Department in refunding excess tax, which includes interest on the statutory interest due under section 244A for such delayed refunds.

96

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2026.

Also referred to as

Sandvik Asia Ltd. v. CIT · Section 244A · interest on interest · delayed income tax refund · compensation for delay · statutory interest on refund · interest under Section 244A · refund of excess tax · income tax interest

Issues it is cited on

Judgments citing Sandvik Asia Ltd. v. CIT

ACIT, CHENNAI vs. SHRI NACHIMUTHU PALANISWAMY, CHENNAI

The appeal stands dismissed

ITA 1032/CHNY/2022[2010-2011]Status: DisposedITAT Chennai16 May 2023AY 2010-2011

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1032/Chny/2022 (िनधा*रण वष* / Assessment Year: 2010-11) Acit Shri Nachimuthu Palaniswamy, बनाम/ Central Circle-3(3), 82, Cathedral Road, Vs. Chennai. Gopalapuram, Chennai-600 086. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adopp-9910-F (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri D. Hema Bhupal (Jcit)-Ld. Sr. Dr " थ"कीओरसे/Respondent By : Shri Y.Sridhar (Fca) -Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 16-05-2023 घोषणाकीतारीख /Date Of Pronouncement : 16-05-2023 आदेश / O R D E R

For Appellant: Shri D. Hema Bhupal (JCIT)-Ld. Sr. DRFor Respondent: Shri Y.Sridhar (FCA) -Ld. AR
Section 153ASection 154Section 244(1)(aa)Section 244A

…the Revenue to pay interest on such refund on general principles to pay interest on sums wrongfully retained. 5.6. We are also strengthened by the decision of the apex Court for the above view taken in Sandvik Asia Ltd. vs. CIT (2006) 200 CTR (SC) 505: (2006) 280 ITR 643 (SC), wherein it is held as follows: "In view of the express provisions of the IT Act, 1961, an assessee is entitled to compensation by way of interest for the delay in the payment of amounts lawfully due to the assessee which are withheld wrongly and contrary to law. The Government is liable to pay interest at the rate applicable to the excess a…

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