Section 244 — the law in short
What the courts have decided on section 244, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Sandvik Asia Ltd v CIT
Supreme CourtHelps taxpayer
Can I still rely on Sandvik Asia to claim interest on the interest due on my refund?
No. A Full Bench of the Supreme Court in Gujrat Fluro has overruled it and held there is no interest on interest under s.244A, where only statutory interest is leviable. All that survives of Sandvik Asia is compensation for delay in granting interest on a refund under the older scheme of s.244(1A) read with s.240.
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Punjab State Warehousing Corporation v CIT
High CourtHelps departmentValidity unconfirmed
My client's old assessment was set aside, a fresh assessment produced a large refund, and no interest was paid. For a year before 1989-90, which section gives him interest?
For assessments up to 1988-89 there is no single interest provision: section 214 runs only to the date of the regular assessment, section 244(1) runs from three months after the order under section 240, section 244(1A) is confined to amounts paid after 31 March 1975 in pursuance of an order of assessment or penalty, and section 243 runs from three months after the total income is determined or the refund claim is made. Where the refund followed a fresh assessment and was granted the very next month, none of them was attracted, and the claim failed.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.