2022 (8) TMI 1266 - AT - Income Tax

Tribunal grants interest on withheld refund amount, referencing Supreme Court ruling.

M/s. GMR Infrastructure Ltd. Versus The Assistant Director of Income Tax, CPC, Bangalore.

The Tribunal partially allowed the appeal for statistical purposes, directing the Assessing Officer to recalculate the interest amount, including interest ... Interest on refund u/s. 244A - Short grant of interest u/s. 244A - HELD THAT:- This issue stands settled by Hon’ble Supreme Court in case of Sandvik Asia Ltd. [2006 (1) TMI 55 - SUPREME COURT] wherein Hon’ble Court observed as under that in that case Sandvik Asia has refunded the principal, however interest was withheld for a long time. In the present facts of the case, assessee is no doubt eligible for interest on the refund that was withheld till the date of issue of the refund order. Further, in the present facts, the assessee had already received interest on refund u/s. 244A of the Act though it was computed with a shortfall. Interest on interest as available to assessee under newly inserted sub-clause (1A) will have to be analysed in accordance with law. The year under consideration is Assessment Year 2020-21 and therefore interest on interest has to be computed for the shortfall amount that assessee is liable to receive. We therefore remand this issue to the Ld.AO to compute the actual refund along with the interest u/s. 244A and on the shortfall amount that assessee did not receive over and above that was computed by the CPC vide intimation dated 30/03/2021, assessee has to be granted interest on interest under sub-clause (1A) of section 244A of the Act. Grounds raised by the assessee stands partly allowed for statistical purposes. Issues:1. Short grant of interest U/s 244A by Rs.23,19,590.2. Dismissal of appeal by CIT(A) based on grounds not arising from the original order dated March 30, 2021.3. Disagreement on interest calculation and refund adjustment timeline.Issue 1:The appellant contested the short grant of interest U/s 244A by Rs.23,19,590 on the tax refund amount, claiming entitlement to a higher interest amount. The appellant argued that the interest calculation was incorrect, resulting in a shortfall in the interest granted. The contention was that the interest should have been computed up to a later date, considering the delay in issuing the refund. The appellant sought direction for the Assessing Officer to allow the further interest amount in accordance with the provisions of section 244A of the Income Tax Act, 1961.Issue 2:The CIT(A) dismissed the appeal on the grounds that the issues raised did not directly stem from the original order dated March 30, 2021, passed under section 143(1) of the IT Act. The CIT(A) emphasized that the appeal was not in accordance with the provisions of Section 246A of the Act, as the appellant's grievances were related to subsequent actions of the Assessing Officer rather than the initial order. The CIT(A) concluded that the appeal did not address issues arising from the impugned order, suggesting that the appellant should pursue alternative avenues for redressal.Issue 3:The Tribunal analyzed the appellant's contentions regarding the interest calculation and refund adjustment timeline. Referring to the precedent set by the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. vs. CIT, the Tribunal acknowledged the appellant's entitlement to interest on the withheld refund amount. The Tribunal highlighted the distinction between compensation for delayed refunds and interest on interest, as clarified by the Supreme Court. The Tribunal remanded the issue to the Assessing Officer for recalculating the interest amount, including interest on the shortfall amount that the appellant did not receive as per the intimation dated March 30, 2021. The Tribunal directed the AO to grant interest on interest under sub-clause (1A) of section 244A of the Act for the eligible shortfall amount, allowing the appeal partly for statistical purposes.In conclusion, the Tribunal allowed the appeal for statistical purposes, directing a reassessment of the interest calculation and refund adjustment timeline in accordance with the provisions of the Income Tax Act, 1961.