2014 (11) TMI 650

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....ring the financial years 1991-92 and 1992-93. Similar work was undertaken for other agencies also. While making payments for the job work, the agencies have deducted tax at source, aggregating to Rs. 3,52,721/-. However, the relevant certificates were not issued to the petitioner. On its part, the petitioner paid the tax assessed to it. It made a claim for refund of the amount, to the extent of TDS. After prolonged correspondence, the refund was made on 12-06-2001,  for Rs. 3,52,721/-. The petitioner submitted representations on 24-06-2001 and 23-10-2001, with a request to pay interest under Section 244-A(2) of the Income Tax Act (for short the Act) on the amount, from the due date, till the date of payment. The same was rejected th....

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....-92 and 1992-93. The petitioner was entitled for refund or adjustment of the same, only on production of the TDS certificate. The Rules framed under the Act mandate that the adjustment of TDS from the tax payable by an assessee can be made only on production of the certificate, issued by the person or agency, which effected the TDS. In the absence of the same, the department cannot be expected to refund or adjust the amount. The TDS from the petitioner was, with reference to about 10 bills, spread over one year. The record does not disclose the nature of steps taken by the petitioner for obtaining the TDS certificates, either from the concerned agencies, or even from the department. It was only in the year 2001, that the petitioner came ....

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....ssment;   (b) in any other case, such interest shall be calculated at the rate of [one-half per cent] for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates of payment of the tax or penalty to the date on which the refund is granted. Explanation. For the purposes of this clause, "date of payment of tax or penalty" means the date on and from which the amount of tax or penalty specified in the notice of demand issued under section 156 is paid in excess of such demand.   (2) If the proceedings resulting in the refund are delayed for reasons attributable to the assessee, whether wholly or in part, the period of the delay so attributable to him shall be excluded from t....