CIT Vs. P.N. Writer (Bombay High Court)
Assessee was entitled to the interest on refund arising on excess payment of self-assessment tax under section 244A, despite the revenue’s contention that assessee had failed to produce any material which would demonstrate how this tax was worked out, and particularly during the course of self-assessment, since the self-assessment tax includes any amount of tax which had already been paid under the provisions of the Income Tax Act and once that was so, the assessee was entitled to interest.
FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:-
This Appeal by the Revenue challenges the order passed by the Income Tax Appellate Tribunal dated 18-6-2014.
2. The assessment year in question is 2008-2009.
3. The Revenue has proposed four questions on page nos. 5 and 6 of the memorandum of Appeal and it is stated that each one of them is substantial question of law.
4. The argument is that the amount was paid under a self-assessment and made by the assessee. Initially, it filed a return of income declaring total income of Rs. 60,80,880.
That was filed on 8-1-2009. This return was processed under section 143(1)(a) of the Income Tax Act, 1961 (for short, “the Income Tax Act”) and the case was subsequently selected for scrutiny. Notices were issued and served upon the respondent assessee. During the course of the assessment proceedings, the assessing officer observed that the addition under section 14A read with rule 8D is made in past almost all assessment years. Since the facts and circumstances pertaining to the assessment year in question are identical, hence he made addition of Rs. 30,38,149.
