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

Turner International India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

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

ITA 218/DEL/2017[2012-13]Status: DisposedITAT Delhi01 Jan 2019AY 2012-13

Bench: Sh. N. K. Saini, Hon’Ble & Sh. Kuldip Singhita No. 218/Del/2017 : Asstt. Year : 2012-13 Turner International India Pvt. Ltd., Vs Deputy Commissioner Of Income 5Th Floor, Radisson Commercial Tax, Circle-25(2), Plaza, Nh-8, Mahipalpur, New Delhi New Delhi-110037 (Appellant) (Respondent) Pan No. Aaact3821H Ita No. 1069/Del/2014 : Asstt. Year : 2009-10 Turner International India Pvt. Ltd., Vs Deputy Commissioner Of Income 5Th Floor, Radisson Commercial Tax, Circle-16(1), Plaza, Nh-8, Mahipalpur, New Delhi New Delhi-110037 (Appellant) (Respondent) Pan No. Aaact3821H Assessee By : Sh. Ravi Sharma, Adv. & Sh. Rishabh Malhotra, Ar Revenue By : Sh. Sanjay I. Bara, Cit Dr Date Of Hearing : 29.10.2018 Date Of Pronouncement : 01.01.2019 Order Per N. K. Saini: These Two Appeals By The Assessee Are Directed Against The Separate Orders Dated 27.12.2016 & 27.01.2014 For The Assessment Years 2012-13 & 2009-10 Respectively Passed By The Ao U/S 143(3) R.W.S. 144C(4) Of The Income Tax Act, 1961 (Hereinafter Referred To As The Act). 2. Since, The Appeals Belonging To The Same Assessee Having Common Issues Involved, Were Heard Together, So, These Are Being Disposed Off By This Consolidated Order For The Sake Of Convenience & Brevity.

For Appellant: Sh. Ravi Sharma, Adv. &For Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)Section 144CSection 234ASection 271(1)(c)

Jagbir Singh, New Delhi vs. ACIT, New Delhi

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

ITA 6838/DEL/2015[2012-13]Status: DisposedITAT Delhi20 Nov 2018AY 2012-13

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2012-2013 Jagbir Singh, Vs. Acit, A-3/222/1, 1St Floor, Circle-62(1), E Block, Sector-7, Rohini, Civic Centre, New Delhi. Sp Mukherjee Marg, New Delhi. Pan: Aaqps9994K (Appellant) (Respondent) Assessee By : None Revenue By : Shri B.P. Singh, Sr.Dr Date Of Hearing : 18.10.2018 Date Of Pronouncement : 20.11.2018 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 10Th December, 2015 Of The Cit(A)-20, New Delhi Relating To Assessment Year 2012-13. 2. Despite Service Of Notice, None Appeared On Behalf Of The Assessee. Therefore, This Appeal Is Being Disposed Of On The Basis Of The Material Available On Record & After Hearing The Ld. Dr. 3. The Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Is Engaged In The Business Of Civil Contractor Under The Name & Style Of M/S Shiva Constructions. He Filed His Return Of Income On 29Th September, 2012 Declaring Total Income At Rs.52,60,883/-. During The Year Under Consideration, The Assessee Has Shown Net Profit Of Rs.37,03,145/- At A Gross Receipt Of Rs.14,50,01,582/-. During The Course Of Assessment Proceedings, The Assessing Officer Asked The Assessee To Produce Original Books Of Account, Bills, Vouchers, Muster Rolls, Wage Sheets, Etc. For Verification. On Perusal Of The Profit & Loss Account, He Noted That The Assessee Has Debited A Sum Of Rs.8,34,66,023/- On Account Of Purchase Of Material. From The Bills

For Appellant: NoneFor Respondent: Shri B.P. Singh, Sr.DR
Section 244A

DCIT 2(1)(1), Mumbai vs. Bank of India, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be partly allowed

ITA 1128/MUM/2017[2004-05]Status: DisposedITAT Mumbai31 Oct 2018AY 2004-05

Bench: Shri G. S. Pannu, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.1128/Mum/2017 & 1093/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2004-05 & 2008-09) Dcit-2(1)(1) बिधम/ M/S. Bank Of India Room No. 561, 5Th Floor, Star House, C-5, G-Block Vs. Aayakar Bhavan, M.K. Bandra-Kurla Complex Road, Mumbai-400020. Bandra (E), Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacb0472C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Awunashi Gimson Assessee By: Shri C. Naresh सुनवाई की तारीख / Date Of Hearing: 21.08.2018 घोषणा की तारीख /Date Of Pronouncement: 31.10.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals)- 3, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The Ays. 2004-05 & 2008-09. Ita. No. 1128/M/2017 The Revenue Has Filed The Present Appeal Against The Order Dated 15.11.2016 Passed By The Commissioner Of Income Tax (Appeals)-3

For Appellant: Shri C. NareshFor Respondent: Shri Awunashi Gimson
Section 143(2)Section 154Section 244ASection 254Section 36(1)(vii)Section 36(1)(viia)