Section 244A, read with section 243, of the Income-tax Act, 1961 - Refund

IT: Where interest is paid along with amount payable as refund, there is no question of payment of interest on interest
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[2014] 51 taxmann.com 81 (Cochin - Trib.)
IN THE ITAT COCHIN BENCH
Dr. R.P. Patel
v.
Assistant Commissioner of Income-tax*
N.R.S. GANESAN, JUDICIAL MEMBER
AND CHANDRA POOJARI, ACCOUNTANT MEMBER
IT APPEAL NO. 114 (COCH.) OF 2014
[ASSESSMENT YEAR 1990-91]
JULY  4, 2014
Section 244A, read with section 243, of the Income-tax Act, 1961 - Refund - Interest on (Interest on interest) - Assessment year 1990-91 - Whether when tax paid is more than what is due as a result of certain additions, etc. made by Assessing Officer and in appeal when those are deleted by appellate authority, refund of excess amount is to be made along with interest, as envisaged under section 243 - Held, yes - Whether it is only when this interest is not refunded, that assessee would become entitled to interest on said interest as well - Held, yes - Whether where interest is paid along with amount payable as refund, question of payment of interest on interest does not arise - Held, yes [Para 35][In favour of revenue]