MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 2553/Del/2013 : Asstt. Year : 1999-00 Maruti Suzuki India Ltd., Vs Commissioner Of Income Tax Plot No. 1, Nelson Mandela Road, (Appeals)-Ix, Income Tax Vasant Kunj, New Delhi-110070 Office, Laxmi Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 2641/Del/2013 : Asstt. Year : 1999-00 Dcit, Vs Maruti Suzuki India Ltd., Circle-6(1), Plot No. 1, Nelson Mandela Road, New Delhi Vasant Kunj, New Delhi-110070 (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 468/Del/2014 : Asstt. Year : 1994-95 Maruti Suzuki India Ltd., Vs Jcit(Osd), Plot No. 1, Nelson Mandela Road, Circle-6(1), Vasant Kunj, New Delhi-110070 New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q

244A(1)(a) deals with interest where refund is out of TDS or by way of advance tax. The proviso under sub-Section (a) has to be read with regard to sub-Section (a) and applies to sub-Section (a) only. A bare reading of sub-Section (b

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 2553/Del/2013 : Asstt. Year : 1999-00 Maruti Suzuki India Ltd., Vs Commissioner Of Income Tax Plot No. 1, Nelson Mandela Road, (Appeals)-Ix, Income Tax Vasant Kunj, New Delhi-110070 Office, Laxmi Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 2641/Del/2013 : Asstt. Year : 1999-00 Dcit, Vs Maruti Suzuki India Ltd., Circle-6(1), Plot No. 1, Nelson Mandela Road, New Delhi Vasant Kunj, New Delhi-110070 (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 468/Del/2014 : Asstt. Year : 1994-95 Maruti Suzuki India Ltd., Vs Jcit(Osd), Plot No. 1, Nelson Mandela Road, Circle-6(1), Vasant Kunj, New Delhi-110070 New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q

244A(1)(a) deals with interest where refund is out of TDS or by way of advance tax. The proviso under sub-Section (a) has to be read with regard to sub-Section (a) and applies to sub-Section (a) only. A bare reading of sub-Section (b

DCIT, NEW DELHI vs. M/S MARUTI SUZUKI INDIA LTD.,, NEW DELHI

In the result, the appeals of the assessee are allowed and the appeals of the revenue are dismissed

Bench: Sh. Amit Shukladr. B. R. R. Kumar(E-Court Module) Ita No. 2553/Del/2013 : Asstt. Year : 1999-00 Maruti Suzuki India Ltd., Vs Commissioner Of Income Tax Plot No. 1, Nelson Mandela Road, (Appeals)-Ix, Income Tax Vasant Kunj, New Delhi-110070 Office, Laxmi Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 2641/Del/2013 : Asstt. Year : 1999-00 Dcit, Vs Maruti Suzuki India Ltd., Circle-6(1), Plot No. 1, Nelson Mandela Road, New Delhi Vasant Kunj, New Delhi-110070 (Appellant) (Respondent) Pan No. Aaacm0829Q Ita No. 468/Del/2014 : Asstt. Year : 1994-95 Maruti Suzuki India Ltd., Vs Jcit(Osd), Plot No. 1, Nelson Mandela Road, Circle-6(1), Vasant Kunj, New Delhi-110070 New Delhi (Appellant) (Respondent) Pan No. Aaacm0829Q

244A(1)(a) deals with interest where refund is out of TDS or by way of advance tax. The proviso under sub-Section (a) has to be read with regard to sub-Section (a) and applies to sub-Section (a) only. A bare reading of sub-Section (b

BIMLA DEVI,NEW DELHI vs. ACIT, CIRCLE-50(1), NEW DELHI

In the result the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishiasstt. Year : 2014-15

b, which is a residuary clause. Besides, this contention stands negatived by the CBDT Circular bearing No. 549 dated 31 October 1989 wherein reference is made to Section 244A and para 11.4 thereof reads as under (see [1990] 182 ITR (St) 1, 49 ): “11.4 The provisions of the new section 244A are as under:- (i) Sub-section (1) provides that

COMMISSIONER OF INCOME TAX-III vs. SUTLEJ INDUSTRIES LTD

TDS and advance tax, also paid self assessment tax under Section 140A of the Income Tax Act, 1961 (in short „the Act‟). (b) On 24th April, 2002 an order was framed under Section 250/143(3) of the Act whereby a refund of Rs 66,90,474/-, earlier paid as self assessment tax by the assessee, was made. The respondent-assessee

CIT vs. ENGINEERS INDIA LTD

In the result, the appeal is

244A(1)(b) on refund of excess amount paid as tax on self-assessment under Section 140A. The assessee had filed the return for assessment year 1994-1995 declaring income of ₹13.12 Crores on which tax payable was computed at ₹6.79 Crores. Some amount had been earlier paid as advance tax and TDS

COMPUTER MODELLING GROUP LIMITED,CANADA vs. DCIT CIRCLE INTERNATIONAL TAXATION 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

TDS credit’) of Rs. 1,03,99,424 appearing in Form 26AS. 6. That, on the facts and circumstances of the case and in law, the bl. AO has erred in proposing to charge interest under sections 234A, and 2341B of the Act. 7. That, on the facts and the circumstances of the case

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT INTERNATIONAL TAXATION CIRCLE 1(2)(1), NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

TDS credit’) of Rs. 1,03,99,424 appearing in Form 26AS. 6. That, on the facts and circumstances of the case and in law, the bl. AO has erred in proposing to charge interest under sections 234A, and 2341B of the Act. 7. That, on the facts and the circumstances of the case

COMPUTER MODELLING GROUP LIMITED,CANADA vs. ACIT, CIRCLE-1(2)(1), INT. TAXATION, NEW DELHI

In the result, all the four appeals of the assessee for AY 2012-13,

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

TDS credit’) of Rs. 1,03,99,424 appearing in Form 26AS. 6. That, on the facts and circumstances of the case and in law, the bl. AO has erred in proposing to charge interest under sections 234A, and 2341B of the Act. 7. That, on the facts and the circumstances of the case

INDIA TRADE PROMOTION ORG

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

b) in any other case, such interest shall be calculated at the rate of one-half per cent for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates of payment of the tax or penalty to the date on which the refund is granted. Explanation

INDIA TRADE PROMOTION ORGANISATION vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of

b) in any other case, such interest shall be calculated at the rate of one-half per cent for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates of payment of the tax or penalty to the date on which the refund is granted. Explanation

JAGDISH CHANDRA MALHOTRA,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

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

b)] be followed and judgment of SC in the case of Commissioner of Income-tax, Gujarat v. Gujarat Fluoro Chemicals [2014] 42 taxmann.com 1 (SC) dated September 18, 2013 (which lay down general rule that “it is only that interest provided for under the statute which may be claimed by an assessee from the Revenue and no other interest

CIT vs. BHARAT ALUMINIUM CO LTD

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

TDS and tax collection has to be allowed. When the matter is looked into from this angle, what becomes payable to the assessee is the refund of advance tax given in ITA No. 1890 of 2010 Page 9 of 16 excess and interest thereupon under Section 244A of the Act. Relevant portion of Section 244A of the Act reads

COMMISSIONER OF INCOME TAX DELHI VI vs. TALBROS (P) LTD.

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

244A of the Act. Penalty proceedings under Section 271(1)(c) were also initiated. Of course, the assessee would be liable to pay interest on late deposit of TDS or penalty for the same. 12. Naresh Kumar, the respondent assessee succeeded in the first appeal and has succeeded before the Tribunal. 13. Failure to deduct or pay TDS results

Commissioner of Income Tax XIII

244A of the Act. Penalty proceedings under Section 271(1)(c) were also initiated. Of course, the assessee would be liable to pay interest on late deposit of TDS or penalty for the same. 12. Naresh Kumar, the respondent assessee succeeded in the first appeal and has succeeded before the Tribunal. 13. Failure to deduct or pay TDS results

M/S DCM SHRIIRAM LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee are allowed

Bench: Ms. Sushma Chowla & Dr. B.R.R.Kumarआयकर अपील सं आयकर अपील सं. / Ita Nos. 5221 & 5222/Del/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Years: 2005-06 & 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" Dcm Shriram Ltd., 5Th Floor, Kanchenjunga Building, 18, Barakhamba Road, New Delhi-110001. …...........अपीलाथ"/Appellant Pan-Aaacd0097R Vs Dcit, Circle-7(1), …………. ू"यथ" / Respondent C.R.Building, New Delhi.

b) of section 244A(1) of the Act. The grievance is that incase the amount was paid to the assessee, when it was due then no interest was to be further paid; but since it was not paid on the due dates, the assessee is entitled to claim the interest on such late payment of interest

M/S DCM SHRIIRAM LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee are allowed

Bench: Ms. Sushma Chowla & Dr. B.R.R.Kumarआयकर अपील सं आयकर अपील सं. / Ita Nos. 5221 & 5222/Del/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Years: 2005-06 & 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" Dcm Shriram Ltd., 5Th Floor, Kanchenjunga Building, 18, Barakhamba Road, New Delhi-110001. …...........अपीलाथ"/Appellant Pan-Aaacd0097R Vs Dcit, Circle-7(1), …………. ू"यथ" / Respondent C.R.Building, New Delhi.

b) of section 244A(1) of the Act. The grievance is that incase the amount was paid to the assessee, when it was due then no interest was to be further paid; but since it was not paid on the due dates, the assessee is entitled to claim the interest on such late payment of interest

DCM SHRIRAM CONSOLIDATED LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

b) there was no delay attributable tG the appellant and interest u/s 244A of the Act was duly allowable for the full period, including the period from 1.4.2003 to 24.3.2006, during which period money has remained with the Govt. ; (c) the Assessing Officer could not have taken a view at this late stage that the appellant company was not entitled