O. Rm. M. Sp. Sv. P. Panchanatham Chettiar
v.
Commissioner Of Income Tax, Madras
(Supreme Court Of India)
No. | 06-03-1973
HEGDE J.
1. The only question that arises for decision in this appeal is whether the assessee is entitled to claim interest on the refund which became due to him on the strength of the decision of this court. The assessment in this case was completed long before the Income-tax Act, 1961, come into force. Under the circumstances, this case clearly comes within the scope of section 297(2)(i) of these Income-tax Act, 1961, and not under section 66(7) of the Indian Income-tax Act, 1922. Under the new Act, there is no provision for payment of interest unless the same comes within the scope of section 243 of that Act. It is not the case of the assessee that the facts of this case come within the scope of section 243 In the result, this appeal fails and the same is dismissed. But, in the circumstances of the case, we make no order as to costs
2. Appeal dismissed.
1. The only question that arises for decision in this appeal is whether the assessee is entitled to claim interest on the refund which became due to him on the strength of the decision of this court. The assessment in this case was completed long before the Income-tax Act, 1961, come into force. Under the circumstances, this case clearly comes within the scope of section 297(2)(i) of these Income-tax Act, 1961, and not under section 66(7) of the Indian Income-tax Act, 1922. Under the new Act, there is no provision for payment of interest unless the same comes within the scope of section 243 of that Act. It is not the case of the assessee that the facts of this case come within the scope of section 243 In the result, this appeal fails and the same is dismissed. But, in the circumstances of the case, we make no order as to costs
2. Appeal dismissed.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE P. JAGANMOHAN REDDY
HON'BLE JUSTICE K. S. HEGDE
HON'BLE JUSTICE H. R. KHANNA
Eq Citation
[1975] 99 ITR 579 (SC)
(1975) 4 SCC 834
LQ/SC/1973/65
HeadNote
A. Income Tax Act, 1961 — S. 297(2)(i) — Refund of tax — Interest on — Assessment completed long before 1961 Act came into force — Held, no provision for payment of interest unless the same comes within scope of S. 243 — Hence, no interest payable — Indian Income-tax Act, 1922, S. 66(7) — S. 243 — Interest on Refund
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