CIT vs. Reliance Energy Ltd (Supreme Court)

DATE: (Date of pronouncement)
DATE: October 3, 2013 (Date of publication)

Click here to download the judgement (reliance_energy_234D_interest.pdf)

S. 234D does not apply to an assessment year commencing pre 1.6.2003 if the assessment order is passed prior to that date

For AY 1998-99, the AO passed an assessment order prior to 01.06.2003 in which interest u/s 234D was not levied. The assessee filed an appeal against the said order on certain other issues and in giving effect to the order of the appellate authority, the AO levied interest u/s 234D on the ground that excess refund had been allowed u/s 143(1) than what the assessee was entitled to u/s 143(3). The Tribunal allowed the assessee’s appeal by relying on Exta Promoters 305 ITR (AT) 1 where it was held that as s. 234D was inserted with effect from 1.6.2003, it did not apply to earlier assessment years. The department’s appeal was dismissed by the High Court (order included) by relying on its own judgement in the case of Delta Airlines 245 CTR 16 (Bom) (order included). On appeal by the department to the Supreme Court HELD dismissing the appeal:

Explanation 2 to s. 234D makes it clear that the provisions of the section shall not apply to an assessment year commencing before the 1st day of June, 2003 if the proceedings in respect of such assessment year is completed before the said date. As the assessment order in the present case was passed before 1.6.2003, the question of retrospectivity of s. 234D does not arise.

Contrast with Indian Oil Corporation 254 CTR 113 (Bom) where it was held that s. 234D applies even pre 1.6.2003 if the assessment order is passed after that date
One comment on “CIT vs. Reliance Energy Ltd (Supreme Court)
  1. Revenue should avoid retrospective action, if it is to be respected by tax payers, else whatever little respect they get will soon disappear, Revenue needs to note

    Besides Retrospective actions are unnecessantly wasting courts precious time as moneys of tax payers as also exchequer’s besides delaying natural justice which is the septre of rule of law called the constitution of India, is it not?

    Today except governmebt servants every one is badly affected by inflation moving towards stagflation, is there any rationale for government moneys when whole government lives on tax payers as goverments never earn by real hard work at all is it not?

    Every one knows thisd great truth, why extravafance by Revenue!Q

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