Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (2007)292ITR56(Coch.)
..... the provisions of section (sic), 237, 240, 243, 244 and relevant case law on the issue and held as under: in view of the express provisions of the income-tax 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 ..... to the assessee for money remaining with the government. to remove this inequity, as also to simplify the provisions in this regard, the amending act, 1987, has inserted a new section 244a in the income-tax act, applicable from the assessment year 1989-90 and onwards, which contains all the provisions for payment of interest by the department for delay in the ..... know no equity. there cannot be a direction to the revenue to pay interest in equity, when there is no such provision in the income-tax act. the decision in the case of modi industries ltd. (supra) has been considered by the hon'ble supreme court in the recent decision in the case of sandvik asia .....
Tag this Judgment!Court : Chennai
Reported in : (1998)147CTR(Mad)15
..... contemplated.on the above construction made by us of the aforesaid relevant provisions of the it act, 1961, it is clear that the order of the ito in both these references, refusing to refund the amounts of tax deposited by the assessee, which became refundable on assessment of the income as nil by the ito, after the tribunals order cancelling the regular assessments, is, in ..... ss. 143 and 144 of the act.25. that apart, s. 104 of the act also uses the expression, assessee is liable to income-tax and the marginal note of the section also indicates that it is an income-tax on undistributed income of certain companies. when the act itself postulates that the payment made under s. 104 of the act is an income-tax, the denial of interest under s .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1985]151ITR562(AP)
..... : '(1) whether the return filed by the assessee on april 2, 1964, along with the refund application was one filed under section 139(1) of the income-tax act (2) even if it is assumed that the return filed by the assessee along with the refund application commences assessment proceedings, whether the proceedings should be treated to ..... formulating the question : whether, on the facts and in the circumstances of the case, the order of reassessment made by the income-tax officer for the assessment year 1962-63 under s. 147 of the income-tax act is valid in law 10. regarding the return, the vice-president took the view that a return required to be filed ..... filed an application for refund under s. 237 of the act on april 2, 1964, for the assessment year 1962-63 claiming refund. accompanying the refund application, a return disclosing nil income for that year was filed. the assessee was not previously assessed to income-tax and, hence, nil income was stated in the return. 13. the learned standing .....
Tag this Judgment!Court : Mumbai
Reported in : [1992]194ITR148(Bom)
..... of rs. 4,26,090.2. it also appears that action was taken against the petitioner under section 132 of the income-tax act, 1961, (hereinafter referred to as 'the said act'), on september 13, 1982, and all his business as well as residential premises were raided as a result of which thirty drafts which were deposited by the petitioner ..... mistry appears to be attractive but i am unable to persuade myself to agree with him for the simple reason that, while interpreting the provisions of section 245 of the income-tax act, we cannot give such a restricted meaning to the word 'refund'. it is important to bear in mind in this connection that the expression 'refund' is a commonly ..... if the said amount was a refund due to an assessee. thus, i find no substance in the argument of mr. mistry that 'refund' and 'interest' in the income-tax act are two different things.8. the second argument of mr. mistry is that, even if the provisions of section 245 apply and the interest amount payable to the petitioner .....
Tag this Judgment!Court : Chennai
Reported in : (2002)176CTR(Mad)61
..... the question arose during the assessment years in question whether those annual service charges received by the assessee were taxable under the provisions of the income tax act, 1961 (hereinafter referred to as 'the act'). it was the contention of the assessee that no part of the technical fees received by the assessee accrued or arose in india and hence ..... tribunal was right in law in holding that the applicant was not entitled to interest, in respect of its assessments to income-tax for 1958-59 to 1972-73, under the provisions of section 244 of the income tax act, 1961, from a date following the expiry of three months from the order dated 31-10-1975, passed by the tribunal ..... has further requested that we should pass orders that the assessee would be entitled to interest under the provisions of section 240 read with section 244 of the income tax act, as the assessments were not received (sic-revised) within a period of three months from the date of the tribunal's order. the question of our .....
Tag this Judgment!Court : Delhi
Reported in : (2006)200CTR(Del)190
..... disposed of expeditiously. the authority concerned does not appear to have done so despite petitioner's repeated applications and reminders, including representations made to the chief cit and the cbdt. the disposals of the request for refunds made by the petitioner -company were according to mr. jolly delayed on account of restructuring ..... in january, 1996.as per the employment agreements entered into between the petitioner and the aforementioned expatriate employees, the petitioner appears to have deducted the tax payable under the indian laws from the salaries of the expatriates. the amount so deducted was then deposited by the petitioner-company with the it ..... petition for a writ of mandamus, the petitioner-company has prayed for a direction against the respondents for refund of the amount deposited by it towards tax deducted at source from the salaries of its expatriate employees. the controversy arises in the following circumstance :the petitioner-company is engaged in the business .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2008]296ITR257(P& H)
..... raised against the petitioner after adjusting the amount of advance tax already paid by the petitioner. on receipt of the order ..... the assessment year 1979-80, on march 26,1981, declaring his taxable income at rs. 25,560. the return filed by the petitioner was processed under section 143(1) of the income-tax act, 1961 (for short, 'the act'), on february 30, 1982, at a total income of rs. 43,790 and accordingly, an additional demand of rs. 16,707 was ..... sharda, advocate, has been heard on behalf of the respondents.6. the relevant provisions of the act, as prevalent at the relevant time, are as under:143. assessment.--(1)(a) where a return has been made under section 139, the income-tax officer may, without requiring the presence of the assessee or the production by him of any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1223; 2006(4)BomCR886; 2006(1)CTC741; (2006)200CTR(SC)505; 2006(196)ELT257(SC); [2006]280ITR643(SC); JT2006(2)SC7; (2006)2MLJ25(SC); 2006(1)SCALE569; (2006)2SCC508
..... court erred in allowing them to urge such a contention in the impugned judgment?b. assuming for the sake of argument that there is no provision in the income-tax act, 1961 ('the act') for grant of such compensation, this court had upheld the view of the gujarat & madhya pradesh high courts that compensation should be granted (whether called interest ..... holding that the assessee is entitled to interest under section 244 on the amount of interest amounting to rs. 1,90,499 payable under section 214 of the income-tax act, 1961? arijit pasayat, c.j. speaking for the bench held as follows:- the provisions of this sections hall not apply in respect of any assessment for the ..... respondent no. 1 are set aside and the matter is remitted to him for considering the revision petitions filed by the appellant claiming interest under section 214 of the income tax act, 1961 in accordance with the principles laid down in modi industries ltd. case (supra). no order as to costs. sd/-(s.c.agarwal)sd/- (d.p.wadhwa .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2001]253ITR12(P& H)
..... , to the date of refund. the relevant extract of that order is reproduced below :'assessment in this case was framed under section 143(3) of the income tax act, 1961 (hereinafter referred to as 'the act'), on 7-10-1998, and a sum of rs. 26,81,17,075 was recovered from the petitioner as ..... 23-4-1999, and 6-12-1999, passed by the income tax officer, ward-i, gurgaon (respondent no. 3) and the commissioner of income tax, rohtak (respondent no. 2), declining the petitioner's prayer for payment of interest in accordance with section 244a(2) of the income tax act, 1961 (hereinafter referred to as 'the act'). the petitioner has also prayed for issuance of a writ ..... in the nature of mandamus directing the respondents to pay interest on the amount of tax paid by it in relation to the assessment year 1996-97.the facts .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]194ITR659(Guj)
..... the assessee, in whose case provisional assessment for the purpose of refund is made under section 141a of the income-tax act, 1961 (hereinafter referred to as 'the said act'), or who has paid advance tax and/or self-assessment tax, is entitled to refund of the entire tax amount paid by him if, for any reason, the regular assessment becomes time-barred or is annulled. the division ..... . lal and co. : [1964]53itr231(sc) , the supreme court held that the period prescribed by section 34 of the act of 1922 (corresponding to section 153 of the act of 1961), imposed a fetter upon the power of the income-tax officer to bring to tax escaped income and prescribed different periods in different classes of cases for enforcement of the right of the state to recover .....
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