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ITAT ruled in favor of the taxpayer regarding interest payment under s.244A on tax refund following cancellation of an unregistered Joint Development Agreement (JDA). The tribunal rejected the revenue's contention that delay in claiming refund was attributable to the taxpayer's conduct. ITAT held that since the unregistered JDA was legally unenforceable as per SC precedent, the original capital gains tax payment arose from a mistake of fact/law. The State cannot be unjustly enriched from an event with no legal standing. The tribunal directed payment of interest from the date of self-assessment tax payment, noting the property was eventually sold to another party with capital gains properly assessed in AY 2019-20.
ITAT ruled in favor of the taxpayer regarding interest payment under s.244A on tax refund following cancellation of an unregistered Joint Development Agreement (JDA). The tribunal rejected the revenue's contention that delay in claiming refund was attributable to the taxpayer's conduct. ITAT held that since the unregistered JDA was legally unenforceable as per SC precedent, the original capital gains tax payment arose from a mistake of fact/law. The State cannot be unjustly enriched from an event with no legal standing. The tribunal directed payment of interest from the date of self-assessment tax payment, noting the property was eventually sold to another party with capital gains properly assessed in AY 2019-20.
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TaxTMI 
TaxTMI 
