| Question And Answer | |
|---|---|
| Subject: | 244a(2) |
| Category: | Income-Tax |
| Querist: | VINOD KUMAR MITTAL |
| Answered by: | Law Intern |
| Tags: | additional interest u/s 244A(1A) |
| Date: | April 27, 2026 |
The assessee filed the ITR 7 in Time But the assessee forget to file form No.10 before the filing of ITR. It was condoned by the commission of Income tax exemption.
The assessee was assessed U/s 143(3). The AO determined the tax after disallowing the exemption to the tune of Income was to file filed in Form No.10.
The assessee filed an appeal, The appeal was accepted by the CIT(A) because the Form No.10 was condoned by CIT Exemption.
In the meanwhile the AO adjusted Refunds of various years to cover up the demand.
Now the ITO is denied the interest on refund adjusted, Original TDS for the year under consideration, and Regular demand deposited by the assessee.
Q1. Is this falls within section 244A(2) in the form No.10 was filed late.
Q2. Is the assessee entitled to interest on refunds of various years adjusted.
q3.Is the assessee entitled to additional interest @3% as per section 244A(3).
Kindly guide
A1. No, this does not fall within section 244A(2) merely because Form No. 10 was filed late. S. 244A(2) excludes interest only for the specific period of delay in the proceedings resulting in the refund that is attributable to the assessee (e.g., late response to notices, incomplete filing causing processing delay). The proceedings have not been delayed by the Form 10 because the ITR was filed in time and the claim was proper and accepted by CIT(A).
A2. Yes. The adjustment of the refund is a payment of the tax and is entitled to interest when refunded.
A3. Additional interest u/s 244A(1A) is available as the refund arises pursuant to the CIT(A)’s order u/s 250.