Capgemini Technology Services India Ltd v. DIT(2026) 308 Taxman 581 (Bom.)(HC)

S. 244A: Refunds-Interest on refunds-Order giving effect-Revenue was to be directed to pay interest or compensation at 6 per cent per annum on delayed payment of interest of Rs. 7.58 crores from 01-08-2023 till the date of payment of such interest. [S.244(IA) Art. 226]

Assessee, successor to one Aricent Technologies (Holding Ltd), was entitled to refunds for relevant assessment years pursuant to appellate orders passed on 23-8-2023. While giving effect to the orders, refund along with interest under sections 244A(1) and 244A(1A) was determined. However, only the refund amount and interest under section 244A(1) were paid, whereas interest under section 244A(1A) was not released. While calculating interest under sections 244A(1) and 244A(1A) in respective orders giving effect, interest was calculated only till August 2023; however, refund was paid only in May 2024 (for assessment year 2007-08) and in July 2024 (for assessment years 2013-14 and 2014-15). On writ, the Court held that since it was not disputed that interest had to be calculated till the date of payment and not till the date of passing of the order giving effect, assessee was to be granted further interest under Section 244A(1) and Section 244A(1A) on the amount of refund for the aforesaid assessment years till the date of payment of the refund amount. Accordingly, the revenue was to be directed to pay interest or compensation at 6 per cent per annum on delayed payment of interest of Rs. 7.58 crores from 01-08-2023 till date of payment of such interest. (AY. 2007-08, 2013-14 & 2014-15)

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