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<h1>TDS misclassification on land acquisition compensation results in interest entitlement on refund, and the challenge against that relief was dismissed</h1> TDS was deducted under an incorrect provision on compensation paid for compulsory acquisition of agricultural land; the correct characterisation is a bank ... Interest on refund - petitioners could not file the return of income claiming refund in time and such return was filed after condoning delay by the respondent u/s 119(2)(b) - interest on the compensation amount is paid for acquisition of the agricultural land of the petitioners - TDS deducted under wrong section as correct section for deduction of tax at source is section 194A and not section 194C - As decided by HC [2023 (12) TMI 1165 - GUJARAT HIGH COURT] the petitions succeed and are accordingly allowed. The respondent is directed to grant interest on the refund claim from the date of deposit of the TDS till the date of refund as per the provisions of section 244A of the Act, 1961. Such exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. HELD THAT:- There is a gross delay of 457 days in filing the Special Leave Petition which has not been satisfactorily explained by the petitioner. Even otherwise, we find no good reason to interfere with the impugned order passed by the High Court. Special Leave Petition is, accordingly, dismissed on the ground of delay as well as on merits. There is a 'gross delay of 457 days' in filing the Special Leave Petition which 'has not been satisfactorily explained' by the petitioner. The Court also finds 'no good reason to interfere with the impugned order passed by the High Court.' Consequently, the Special Leave Petition is 'dismissed on the ground of delay as well as on merits.' All pending applications are disposed of. The decision rests on procedural laches (inordinate, unexplained delay) warranting dismissal, coupled with a substantive conclusion that the High Court's order does not merit interference on appeal. Procedural bar and merits review were both applied to deny relief.
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