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High Court

Karnataka High Court Quashes Government Orders Directing District Cooperative Bank to Refund Interest Already Deposited with NABARD as Unreasonable. Court Holds Bank Had Complied with NABARD Conditions Before Issuance of Impugned Orders, Making Subsequent Withholding Orders Invalid.

7 Feb 2019

The petition was filed by a district cooperative bank challenging a Government Order dated 16.3.2011 and two subsequent orders that directed refund of...

High Court

Bombay High Court Allows Writ Petition in Income Tax Refund Interest Case — Self-Assessment Tax Refund Eligible for Interest Under Section 244A(1)(b). Interest on refund of excess self-assessment tax paid under Section 140A is payable from the date of payment of such tax, not from the date of filing of return.

17 Nov 2014

The petitioner, Stock Holding Corporation of India Ltd., filed a writ petition challenging an order dated 28 September 1999 passed by the Commissioner...

High Court

Bombay High Court Allows Writ Petition for Interest on Refund Under Section 244A of Income Tax Act, 1961 — Petitioner Entitled to Interest from Date of Payment of Tax to Date of Refund. The court held that interest on refund is payable under Section 244A from the date of payment of tax to the date of refund when the refund arises due to an appellate order reducing the tax liability.

16 Jun 2023

The petitioner, M/s. J. K. Industries, a registered partnership firm engaged in ship breaking, filed its return of income for Assessment Year 1984-85 ...

High Court

Bombay High Court Allows Writ Petition Seeking Interest on Refund of TDS Under Section 244A of Income Tax Act — Mandamus Issued for Payment of Interest on Delayed Refund. CBDT Communication Denying Interest Held Contrary to Statutory Provisions and Quashed.

19 Jan 2016

The petitioner, M/s. Sunflag Iron & Steel Co. Ltd., a public limited company engaged in steel manufacturing, entered into an agreement with a German c...

High Court

Bombay High Court Allows Interest on Refund of Service Tax Paid in Anticipation of Import of Services — Section 11BB of Central Excise Act, 1944 Mandates Interest from Date of Refund Claim. Petitioner deposited service tax but did not receive RBI permission for remittance; refund claim filed on 27 April 2006; Deputy Commissioner disallowed interest; High Court held interest payable from date of refund claim under Section 11BB.

6 Jun 2011

The Petitioner, Shroff United Chemicals Limited, deposited Rs.1.02 Crores as service tax on 31 March 2006 in anticipation of importing intellectual pr...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Interest on Refund Under Section 214 of Income Tax Act, 1961 — Held That Interest Is Mandatory and Must Be Paid on Entire Refund Amount from Date of Payment of Advance Tax.

10 Aug 2005

The petitioner, M/s. Godrej & Boyce Mfg. Co. Ltd., filed a writ petition challenging the order dated 14.6.1988 passed by the Commissioner of Income Ta...

High Court

Bombay High Court Allows Interest on Refund Under Section 244A(1)(a) of Income Tax Act, 1961 — Refund Arising from Appellate Order Reducing Income Below Returned Income Qualifies for Interest Irrespective of 10% Threshold. The court held that Section 244A(1)(a) applies to refunds of advance tax, TDS, and self-assessment tax, and interest is payable from the date of payment, not from the date of assessment.

9 Feb 2024

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribuna...

High Court

Bombay High Court Allows Appeal of Assessee in Income Tax Refund Interest Case — Refund Arising from Appellate Order Reducing Income Below Returned Income Qualifies for Interest Under Section 244A(1)(a) Irrespective of 10% Threshold. The court held that the ITAT erred in applying Section 244A(1)(b) to a refund resulting from an order giving effect to the CIT(A)'s order, and directed computation of interest from the date of payment of excess tax.

9 Feb 2024

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against an order of the Income Tax Appellate Tribunal (ITA...

High Court

Bombay High Court Allows Interest on Refund Under Section 244A(1)(a) of Income Tax Act, 1961 — Refund Arising from Appellate Order Not Subject to 10% Threshold. The court held that the 10% threshold under Section 244A(1)(b) applies only to refunds of excess advance tax/TDS, not to refunds arising from appellate orders under Section 244A(1)(a).

9 Feb 2024

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (IT...

High Court

High Court of Bombay at Goa Allows Writ Petition on Interest on Refund Under Goa VAT Act — Interest Payable from Date of Assessment Order Determining Refund. Section 33(2) of the Goa Value Added Tax Act, 2005 mandates interest from the date the amount became refundable, which is the date of the assessment order, not the date of actual refund.

16 Oct 2019

The petitioner, United Spirits Ltd. (formerly McDowell and Co. Ltd.), a registered dealer under the Goa Value Added Tax Act, 2005, filed returns for t...

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