TaxTMI 
TaxTMI 
2024 (10) TMI 518
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....rest u/s 244A on the ground that the assessee had failed to prove that TDS was deducted and paid to the Govt. without appreciating that the ld. AO himself had granted interest u/s. 244A for a particular period and hence, the assessee was not required to prove that the TDS was deducted and paid to the Govt. 2] The learned CIT(A) failed to appreciate that the amount of TDS deducted of the assessee trust was accepted by the learned AO while computing the interest u/s 244A and further the total quantum of TDS deducted is available in the order passed by the AO and hence, there was no reason to hold that the assessee had failed to prove the quantum of TDS deducted and accordingly, the order passed by the learned CIT(A) is bad in law. ....
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....9. The interest u/sec. 244A, in that intimation u/sec. 143(1), was calculated from 01/04/2018 to 16/11/2019 i.e. the date of passing the intimation u/sec. 143(1). The actual refund was, however, received by the assessee on 10/06/2020. Thereafter, the AO completed the assessment u/sec. 143(3) of the Act. In the said order, the exemption u/sec. 11 was allowed to the trust and the total income has been computed at Rs. NIL. In that assessment order u/sec. 143(3), the AO had reworked the interest u/sec. 244A of the Act. He has granted the income from 05/10/2018 i.e. on the date of filing of the return till 16/11/2019 i.e. the date of passing the intimation u/sec. 143(1). Therefore, the interest originally granted in the intimation passed u/sec. ....
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....ue date as per the CBDT's order. The assessee further contends that as per section 244A, if the assessee has furnished the return of income within the due date prescribed u/sec. 139(1), in that event, the interest on the refund due, it should be calculated from 1st April of the relevant assessment year till the date on which refund is granted. According to the assessee, since the return was filed within the due date prescribed u/sec. 139(1), the assessee trust would be eligible for interest u/sec. 244A from 01/04/2018 and not from 05/10/2018. 4. At the time of hearing, ld. counsel for the assessee demonstrated by filing the copy of intimation u/sec. 143(1) of the Act dated 16/11/2019 wherein at column No.49 'TDS' it is mentioned "as prov....
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....which is not at all the case emanating either from the assessment order or further intimation u/sec. 143(1) of the Act. Ld counsel for the assessee had also placed reliance on the decision of the Hon'ble Bombay High Court in the case of Group M Media India (P) Ltd. v. DCIT (International Tax) [2023] 157 taxmann.com 487 (Bombay) where the Hon'ble Court has held as under:- "18. In the present case, it is not in doubt that petitioner was entitled to refund of Rs. 4,23,60,940/- because the amount has been paid after the petition was filed. Since the excess amount has been paid over by petitioner on various dates during Financial Year 2017-2018, in our view, the refund ought to have been processed and paid latest by 31st July 20....