Section 244A of the Income Tax Act

Income-tax Act, 2025: s.437

Section 244A of the Income-tax Act, 1961 corresponds to section 437 (Interest on refunds) of the Income-tax Act, 2025.

Read section 437 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 244A is ITO v. Daga Capital Management (P) Ltd. (117 ITD 169), cited in 151 of the 1,186 judgments on BharatTax that turn on this section.

Leading authorities on Section 244A

ITO v. Daga Capital Management (P) Ltd.
117 ITD 169 · 2009 · ITAT
151
citing judgments
Otis Elevator Co. (India) Ltd. v. CIT
195 ITR 682 · 1992 · High Court
131
citing judgments

Club membership fees, including both entrance fees and annual subscriptions, are not considered capital expenditure if the membership's continuance depends on regular payments, and therefore are allowable as revenue expenditure under Section 37(1).

CIT v. Karnataka Power Corporation
247 ITR 268 · 2001 · Supreme Court
124
citing judgments

Income earned during the project construction stage, which has a direct nexus or is inextricably linked to the project's setting up, constitutes a capital receipt not liable to tax and reduces the project cost.

Wipro Ltd. v. DCIT
382 ITR 179 · 2016 · High Court
122
citing judgments

Foreign Tax Credit (FTC) is allowable even if no tax is paid in India on the corresponding income due to deductions under sections 10A or 10AA, or losses in other units. The scope of income eligible for deduction under Section 10AA includes interest on deposits and realized gains on forward contracts.

DDIT v. Savvis Communication Corporation
69 Taxmann.com 106 · 2016 · ITAT
107
citing judgments

Payments for web hosting services, including data back-up, maintenance, security, and uninterrupted services, are not taxable as royalty under Section 9(1)(vi) of the Income Tax Act, as they do not constitute 'consideration for use of, or right to use, scientific equipment'.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT, Range10(2), Mumbai
234 CTR 1 · 2010 · High Court
97
citing judgments

Expenditure incurred by an assessee in relation to income not forming part of the total income is not deductible under Section 14A(1). The disallowance must be restricted to direct and indirect expenses having an approximate connection with the earning of such exempt income, and Rule 8D applies from Assessment Year 2008-09.

Sandvik Asia Ltd. v. CIT
280 ITR 643 · 2006 · Supreme Court
96
citing judgments

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.

Union of India v. Tata Chemicals Ltd.
363 ITR 658 · 2014 · Supreme Court
91
citing judgments

The Department has a moral and legal obligation to refund excess tax collected from taxpayers, along with interest. An assessee is entitled to interest on the amount of taxes refunded, including interest on interest, as per Section 244A of the Income-tax Act.

CIT v. Dinesh Kumar Goel
331 ITR 10 · 2011 · High Court
87
citing judgments

Income is recognized when it is absolutely ascertained, determined, and specified, conferring an exclusive right of receipt upon the assessee, irrespective of the accounting period.

Sunil Siddharthbhai v. CIT
156 ITR 509 · 1985 · Supreme Court
82
citing judgments

A partner's contribution of a personal asset to a partnership firm does not amount to a "transfer" for capital gains purposes under the Income-tax Act, as the consideration (the partner's interest in the firm) is indeterminate, and the computational machinery for capital gains fails.

Judgments on Section 244A

Oocl Logistics (India ). P.Ltd, Mumbai vs. DCIT Cir 7(1), Mumbai

In the result, appeal filed by the assessee for assessment year 2009-10

ITA 4265/MUM/2018[2009-10]Status: DisposedITAT Mumbai26 Sept 2019AY 2009-10

Bench: Shri S. Rifaur Rahman (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2009-10 Oocl Logistics (India) Private The Deputy Commissioner Of Limited, Income Tax-7(1), Icc Chambers, 5Th Floor, Aayakar Bhavan, Saki Vihar Road, Powai, Vs. Mumbai - 400020 Opp, Santogen Silk Mills, Mumbai - 400072 Pan: Aaaco7690K (Appellant) (Respondent) Assessee By : Shri Abhishek Tilak (Ar) Revenue By : Shri Kumar Padmapani Bora (Dr) Date Of Hearing: 16/09/2019 Date Of Pronouncement: 26/09/2019 O R D E R Per Ram Lal Negi, Jm The Assessee Has Filed The Present Appeal Against The Order Dated 17.01.2017 Passed By The Commissioner Of Income Tax (Appeals)-13 (For Short ‘The Cit(A), Mumbai, Pertaining To The Assessment Year 2009-10, Whereby The Ld. Cit(A) Has Dismissed The Application Filed By The Assessee U/S 154 Of The Income Tax Act, 1961 (For Short The ‘Act’) For Rectification Of Appellate Order Passed By The Ld. Cit(A). 2. The Assessee Has Challenged The Impugned Order Passed By The Ld. Cit (A) On The Following Effective Grounds:- 1. “Ground 1- Grant Of Refund It Is Prayed That The Learned Ao Be Directed To Refund Inr 46,16,231 [Inclusive Of Interest Under Section 244A Of The Act Computed In The Intimation Passed Under Section 143 (1) Of The Act] Which Is In The Nature Of Amount Paid In Excess Over The Tax Liability Duly Determined By The Ao Since The Same Does Not Assessment Year: 2009-10

For Appellant: Shri Abhishek Tilak (AR)For Respondent: Shri Kumar Padmapani Bora (DR)
Section 143Section 154Section 244A

M/S. Gupta Bros. (India), New Delhi vs. ACIT, New Delhi

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

ITA 1111/DEL/2015[2011-12]Status: DisposedITAT Delhi20 Aug 2019AY 2011-12

Bench: Sh. H. S. Sidhudr. B. R. R. Kumarita No. 1110/Del/2015 : Asstt. Year : 2010-11 Ita No. 1111/Del/2015 : Asstt. Year : 2011-12 M/S Gupta Bros. (India), Vs Acit, 232, Jor Bagh, Circle-38(1), New Delhi-110003 New Delhi (Appellant) (Respondent) Pan No. Aaafg4325Q Assessee By : Sh. S. Krishna & V. Raj Kumar, Adv. Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing: 31.07.2019 Date Of Pronouncement: 20.08.2019 Order Per Dr. B. R. R. Kumar: Brief Facts Of The Case Are That The Assessee Is A Civil Construction Contractor Engaged In The Business Of Repairs Of Civil Works. During The Year The Assessee Has Incurred Labour Expenses Of Rs.11.39 Crores Against The Total Work Executed Of Rs.62.81 Crores. The Assessing Officer Held That The 18.14% Of The Labour Expenses Over The Turnover Is Far More Excessive Than The Labour Expenses In The Earlier Years Of 15.22% To 16.99%. He Further Held That The Labour Payments Been Made In The Months February & March Are To The Tune Of Rs.1.29 Crores & The Gross Turnover For The March Month Is Rs.9.97 Crores & The Percentage Of Labour Is About 13.26%. Based On Comparison Of The Payments Of The Ita Nos. 1110 & 1111/Del/2015 2 Gupta Bros. (India) Earlier Years, The Assessing Officer Has Disallowed Rs.25 Lacs On Account Of Labour Payment.

For Appellant: Sh. S. Krishna & V. Raj Kumar, AdvFor Respondent: Sh. Amit Katoch, Sr. DR

M/S. Gupta Bros. (India), New Delhi vs. ACIT, New Delhi

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

ITA 1110/DEL/2015[2010-11]Status: DisposedITAT Delhi20 Aug 2019AY 2010-11

Bench: Sh. H. S. Sidhudr. B. R. R. Kumarita No. 1110/Del/2015 : Asstt. Year : 2010-11 Ita No. 1111/Del/2015 : Asstt. Year : 2011-12 M/S Gupta Bros. (India), Vs Acit, 232, Jor Bagh, Circle-38(1), New Delhi-110003 New Delhi (Appellant) (Respondent) Pan No. Aaafg4325Q Assessee By : Sh. S. Krishna & V. Raj Kumar, Adv. Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing: 31.07.2019 Date Of Pronouncement: 20.08.2019 Order Per Dr. B. R. R. Kumar: Brief Facts Of The Case Are That The Assessee Is A Civil Construction Contractor Engaged In The Business Of Repairs Of Civil Works. During The Year The Assessee Has Incurred Labour Expenses Of Rs.11.39 Crores Against The Total Work Executed Of Rs.62.81 Crores. The Assessing Officer Held That The 18.14% Of The Labour Expenses Over The Turnover Is Far More Excessive Than The Labour Expenses In The Earlier Years Of 15.22% To 16.99%. He Further Held That The Labour Payments Been Made In The Months February & March Are To The Tune Of Rs.1.29 Crores & The Gross Turnover For The March Month Is Rs.9.97 Crores & The Percentage Of Labour Is About 13.26%. Based On Comparison Of The Payments Of The Ita Nos. 1110 & 1111/Del/2015 2 Gupta Bros. (India) Earlier Years, The Assessing Officer Has Disallowed Rs.25 Lacs On Account Of Labour Payment.

For Appellant: Sh. S. Krishna & V. Raj Kumar, AdvFor Respondent: Sh. Amit Katoch, Sr. DR