CIT v. United India Insurance Co. Ltd. (2021) 438 ITR 301/(2022) 284 Taxman 598 (Mad.) (HC)

S. 234D : Interest on excess refund-Order of Assessment on 31-3-2006-Reassessment order on 26-12-2008-Interest could not be levied. [S. 2(40), 143(3), 147, 153A]

Dismissing the appeal the Court held that the assessment order dated December 26, 2008 under section 143(3) read with section 147 was not the first assessment, as the assessment was made under section 143(3) dated March 31, 2004, which fact was not disputed. Since the assessment framed under section 143(3) read with section 147 dated December 26, 2008, was not the assessment made for the first time, it could not be regarded as a ”regular assessment” for the purposes of section 234D and therefore, no interest could be levied on the assessee. (AY. 2001-02)