PCIT v. Solan District Truck Operators Transport Co-Operative Society (2020) 428 ITR 264 / 274 Taxman 397 (HP) (HC)

S. 244A : Refund – Interest on refunds – Direction to pay simple interest on amount due – Held to be proper [ S. 237, 243 , 244A (2) , 254 (1) ]

Dismissing the appeal of the revenue the Court held that that the interest on the delayed refund was part of the principal amount and the delayed interest included the interest for not refunding the principal amount. The net of interest partook the character of “amount due” under section 244A . The Tribunal was right in directing the Department to pay compensation in the form of simple interest on the amount due at the rate at which the assessee otherwise would have been entitled to under section 244A on the delayed refund up to the date of issue of refund. Referred CIT v. H. E. G. LTD. [2010] 324 ITR 331 (SC)  ( AY.1996-97 to 1999-2000)