Ita/67/2012 Of The Commissioner Of Income-Tax, Thiruvananthapuram v. The Kerala Minerals And Metals Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 4TH DAY OF DECEMBER 2017/13TH AGRAHAYANA, 1939 ITA.No. 67 of 2012 () ---------------------- AGAINST THE ORDER OF THE ITA TRIBUNAL,COCHIN BENCH IN ITANO.568/COCH/2009 DATED 21-10-2011 APPELLANT/APPELLANT: ---------------------- THE COMMISSIONER OF INCOME-TAX, THIRUVANANTHAPURAM BY SR COUNSEL GOVERNMENT OF INDIA (TAXES) SRI.P.K.R. MENON BY SC, FOR INCOME TAX SRI.JOSE JOSEPH RESPONDENT/APPELLANT: -------------- THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM-691 584. BY ADV. SRI.A.KUMAR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON04-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IT APPEAL NO.67 OF 2012 ::2:: APPENDIX APPELLANT'S ANNEXURES: ANNEXURE A: TRUE COPY of the PROCEEDINGS OF THE ASSESSING OFFICERDATED 06.03.2007 ANNEXURE B: TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS) DATED 16.09.2009 ANNEXURE C: TRUE COPY OF the ORDER OF THE APPELLATE TRIBUNAL DT21.10.2011 ANNEXURE D: TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OFKERALA IN ITA NO. 493/2009 DT. 11.11.2009 ANNEXURE E: TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OFKERALA IN WPC 26052/2004 DT 5.12.2008 RESPONDENTS ANNEXURES: NIL TRUE COPY P.A TO JUDGE jma K. Vinod Chandran & Ashok Menon, JJ - - - - - - - - - - - - -- - - - - - - - - - - - - - - - I.T Appeal No.67 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 04[th] day of December, 2017 J U D G M E N T K. Vinod Chandran, J The issue raised in the above appeal by thedepartment is as to whether the assessee, who made a selfassessment of tax and paid tax, far in excess of thatdetermined under the regular assessment; is entitled tointerest on the refund. The issue is no longer res integrahaving been answered by a Division Bench of this Courtaffirming the view of a learned Single Judge in W.ANo.817/2010 dated 08.10.2013. 2. Extracting Section 244A (1) (b) of the Income Tax Act, 1961. It was held so: “The argument is that going by the explanation to Section 244A (1) (b) the liability to pay interest is only in respectof the tax paid after a demand is madeunder section 156 of the Act. We do notthink that such a differentiation can bemade to the aforesaid provision andexplanation does not give a differentmeaning at all. Any amount due to theassessee under the Act mentioned insection 244(1) clearly takes in all forms ofrefund, either self assessed tax or tax paidas per notice under Section 156 of the Act.As far as the explanation is concerned itonly indicates the date on which theinterest is liable to paid. That being theposition, we do not think that there is anyillegality or perversity in the judgment ofthe learned Single Judge. Accordingly, this appeal is dismissed. ” ITA 67/2012 In the aforesaid circumstance, the assessee would be entitled to the interest on the excess tax paid.The question raised in the Income Tax Appeal is answered against the Department in favour of the assessee,affirming the order of the Tribunal, respectfully followingthe binding precedent cited above. Sd/- K. Vinod Chandran, Judge Sd/-Ashok Menon, Judge jma //true copy// P.A to Judge