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

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

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

ITA 36/MUM/2016[2006-07]Status: DisposedITAT Mumbai30 May 2018AY 2006-07

Bench: Shri Rajendra, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.36/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2006-07) Dcit-2(1)(1), R.No. 561, 5Th बिधम/ M/S. Bank Of Baroda, C-26, Floor, Aayakar Bhavan, ‘G’ Block, Baroda Corporate Vs. M.K. Road, Mumbai- Centre, Bandra Kurla 400020. Complex, Bandra (E), Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacb1534F (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri H.N. Singh (Dr) Assessee By: Shri C. Naresh सुनवाई की तारीख / Date Of Hearing: 05.04.2018 घोषणा की तारीख /Date Of Pronouncement: 30.05.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 12.10.2015 Passed By The Commissioner Of Income Tax (Appeals) - 4, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2006- 07. 2. The Revenue Has Raised The Following Grounds: - “1. The Order Of The Cit(A) Is Opposed To Law & Facts Of The Case. 2. On The Facts & The Circumstances Of The Case, The Cit(A) Has Erred In Directing The Ao To Adjust The Refund Granted, First Towards Interest Amount Refundable & Thereafter Consider The Balance Against Tax Amount Refundable Which Will Lead To Excess

For Appellant: Shri C. NareshFor Respondent: Shri H.N. Singh (DR)
Section 143(3)Section 147Section 244A

Business Standard Private Limited, Kolkata vs. DCIT, Circle-7, Kolkata

In the result, the appeal filed by the assessee is dismissed

ITA 1472/KOL/2016[2008-09]Status: DisposedITAT Kolkata05 Mar 2018AY 2008-09

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1472/Kol/2016 ("नधा"रणवष" / Assessment Year: 2008-09) Business Standard Private Vs. Dcit, Circle 7, Kolkata Limited P-7, Chowringhee Square, 4/1, Red Cross Place, Saraf Building, Kolkata – 69. 3Rd Floor, Kolkata – 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aabcb 2115 P (Appellant) .. (Respondent) Appellant By : Shri Chetan Kakka, Advocate Respondent By : Shri Zafarul Haque Tanweer, Jt. Cit(Sr. Dr) सुनवाईक"तार"ख/ Date Of Hearing : 05/02/2018 घोषणाक"तार"ख/Date Of Pronouncement : 05/03/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee Pertaining To Assessment Year 2008-09, Is Directed Against An Order Passed By The Commissioner Of Income Tax(Appeals)-15, Kolkata In Appeal No.169/Cit(A)-15/15-16/Cir- 7/R&T/Kol, Dated 24.05.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.154 Of The I.T. Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 13.12.2013. 2. The Solitary Grievance Of The Assessee In This Appeal Is That The Cit(A) Erred In Confirming The Act Of The Assessing Officer Of Not Granting Interest U/S 244A Of The Act, From 1St April, 2008 Till Date Of Granting Of The Refund I.E. 20.12.2013 On The Ground That Delay In Issuing Refund Is Attributable To The Assessee.

For Appellant: Shri Chetan Kakka, AdvocateFor Respondent: Shri Zafarul Haque Tanweer, Jt. CIT(Sr. DR)
Section 154Section 2Section 244ASection 244A(2)