Interest on Pre-Deposits

[Adarsh Gupta]

Sir's,

I understand that an amendment was made vide Finance (No. 2) Act, 2014, to S 35FF of CEA, 1944 for grant of interest for the period from the date of deposit to the date of payment.

Also a proviso was inserted wherein "the amount deposited under section 35F, prior to the commencement of the Finance (No. 2) Act, 2014, shall continue to be governed by the provisions of section 35FF as it stood before the commencement of the said Act".

Accordingly as i understand that the interest on amount deposited prior to this amendment shall be for the period where the refund is not granted within 3 months from the decision in favor of the assessee. Which means that Lets say if an amount was deposited in 2005 and matter got decided in companies favor in 2019 and refund is issued within 3 months of such decision, no interest would be payable.

Is my understanding correct? Further isn't it unfair to keep taxayers money for 14 years without giving any interest? Can this be challenged? Any Case law in support.

Regards,

ADARSH GUPTA

AI Summary

Interest on pre-deposits: amendment limits accrual period, affecting when refund interest becomes payable after appellate decision.
Amendment to section 35FF altered interest on pre-deposits to run from deposit date to payment date, while a transitional proviso preserves the pre-amendment accrual rule for deposits made before the amendment. This creates differing interest entitlement based on deposit date: pre-commencement deposits may attract interest only if refunds are not paid within the pre-amendment post-decision timeframe. Administrative guidance requires prompt refund with interest where appeals are decided in favour of appellants, and judicial challenges have debated whether interest accrues from the date an appeal is allowed.