CIT v. Malayala Manorama Co. Ltd. (2018) 405 ITR 249/ 171 DTR 254 (Ker) (HC)

S. 244 :Refunds – Interest on refunds – Time of accrual — Assessment on 22-3-1991 — Interest on refund granted on 9-10-2002 — Interest is not assessable in Assessment Year.

Dismissing the appeal of the revenue the  Court held that; the Tribunal found that at the time of original assessment for the assessment year 1988-89 , on March 22, 1991, no interest was allowed. The interest, which was originally assessed at Rs. 98,244 and later reduced to Rs. 88,007, was allowed for the first time by order dated October 9, 2002. On the basis of that order, it was accounted by the assessee for the assessment year 1993-94 . There was no failure on the part of the assessee, to disclose the interest under section 244(1A) ; since it was received only in the financial year 1992-93 and therefore, the finding of the Tribunal as regards the exclusion of interest, was justified. ( AY.1992-93)