| COURT: | Calcutta High Court |
| CORAM: | Asha Arora J, Girish Chandra Gupta J |
| SECTION(S): | 244A, 244A(1)(b) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | 244A Interest, self assessment tax |
| COUNSEL: | J. P. Khaitan |
| DATE: | February 2, 2016 (Date of pronouncement) |
| DATE: | April 19, 2016 (Date of publication) |
| AY: | 1992-93, 1993-94 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 244A(1)(b) is a residual provision under which interest on refund of excess payment of self-assessment tax is payable to the assessee. Such interest is also payable on the principles of restitution and unjust enrichment. Engineers India 373 ITR 377 (Del) is not good law | |
In these circumstances the principle of restitution would be squarely attracted and the revenue is also statutorily bound to pay interest u/s.244A(1)(b) to the assessee. The apex court in South Eastern Coalfield –Vs- State of M. P. reported in 2003 (8) SCC 648 has categorically held that once the doctrine of restitution is attracted, the interest is often a normal relief given. Restitution sometimes refers to “disgorging of something which has been taken” and sometimes refers to “compensation for injury done”
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