Income-tax Act,1961
Act No : 43
Section :
Interest on refund where no claim is needed.
1 244. Interest on refund where no claim is needed (1) Where a refund is due to the assessee in pursuance of an order referred to in section 240 and the 2[Assessing] Officer does not grant the refund within a period of 3[three months from the end of the month in which such order is passed], the Central Government shall pay to the assessee simple interest at 4[fifteen] per cent per annum on the amount of refund due from the date immediately following the expiry of the period of 5[three] months aforesaid to the date on which the refund is granted. 6[(1A) 7Where the whole or any part of the refund referred to in subsection (1) is due to the assessee, as a result of any amount having been paid by him after the 31st day of March, 1975, in pursuance of any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceeding under this Act to be in excess of the amount which such assessee is liable to pay as tax or penalty, as the case may be, under this Act, the Central Government shall pay to such assessee simple interest at the rate specified in sub-section (1) on the amount so found to be in excess from the date on which such amount was paid to the date on which the refund is granted: Provided that, where the amount so found to be in excess was paid in instalments, such interest shall be payable on the amount of each such instalment or any part of such instalment, which was in excess, from the date on which such instalment was paid to the date on which the refund is granted: Provided further that no interest under this sub-section shall be payable for a period of one month from the date of the passing of the order in appeal or other proceeding: Provided also that where any interest is payable to an assessee under this sub-section, no interest under sub-section (1) shall be payable to him in respect of the amount so found to be in excess.] ---------------------------------------------------------------------- 2 Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3 Substituted for 'six months from the date of such order' by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 4 Substituted for "twelve" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. Section 84 of the Amendment Act has clarified that the increase in the rate of interest will apply in respect of any period falling after 30-9-1984, also in those cases where the interest became chargeable or payable from an earlier date. Earlier, "twelve" was substituted for "nine" by the Finance Act, 1972, w.e.f. 1-4-1972 which was substituted for "six" by the Taxation Laws (Amendment) Act, 1967, w.e.f. 1-10-1967. 5 Substituted for "six" by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 6 Inserted by tile Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. ---------------------------------------------------------------------- 1.693 (2) Where a refund is withheld under the provisions of section 241, the Central Government shall pay interest at the aforesaid rate on the amount of refund ultimately determined to be due as a result of the appeal or further proceeding for the period commencing after the expiry of 1[three months from the end of the month in which the order referred to in section 241 is passed] to the date the refund is granted. 2[(3) The provisions of this section shall not apply in respect of any assessment for the assessment year commencing on the 1st day of April, 1989, or any subsequent assessment years.] 3[244A. Interest on refunds (1) 4 [Where refund of any amount becomes due to the assessee under this Act], he shall, subject to the provisions of this section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in the following manner, namely:- (a) where the refund is out of any tax 5[collected at source under section 206C or] paid by way of advance tax or treated as paid under section 199, during the financial year immediately preceding the assessment year, such interest shall be calculated at the rate of one 6[* * *] per cent for every month or part of a month comprised in the period from the 1st day of April of the assessment year to the date on which the refund is granted: Provided that no interest shall be payable if the amount of refund is less than ten per cent of the tax as determined 7[under sub-section (1) of section 143 or] on regular assessment; (b) in any other case, such interest shall be calculated at the rate of one 8[* * *] per cent for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates 1 Substituted for 'six months from the date of the order referred to in section 241" by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 2 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4- 1989. 3 Ibid. 4 Substituted for "Where, in pursuance of any order passed under this Act, refund of any amount becomes due to the assessee' by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. 5 Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4- 1989. 6 The words "and one-half" omitted by the Finance (No. 2) Act, 1991, w. e. f. 1-10-1991. 7 Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4- 1989. 8 The words "and one-half" omitted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. 1.694 of payment of the tax or penalty to the date on which the refund is granted. Explanation.-For the purposes of this clause, "date of payment of tax or penalty" means the date on and from which the amount of tax or penalty specified in the notice of demand issued under section 156 is paid in excess of such demand. (2) If the proceedings resulting in the refund are delayed for reasons attributable to the assessee, whether wholly or in part, the period of the delay so attributable to him shall be excluded from the period for which interest is payable, and where any question arises as to the period to be excluded, it shall be decided by the Chief Commissioner or Commissioner whose decision thereon shall be final. (3)Where, as a result of an order under 1[sub-section (3) of section section 250 or section 254 or section 260 or section 262 or section 263 or section 264 or an order of the Settlement Commission under sub-section (4) of section 245D, the amount on which interest was payable under sub-section (1) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and in a case where the interest is reduced, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the amount of the excess interest paid and requiring him to pay such amount; and such notice of demand shall be deemed to be a notice under section 156 and the provisions of this Act shall apply accordingly. (4) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1989, and subsequent assessment years.]
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