Facts of the Case

The appeals were filed by various assessees including The Motor & General Finance Ltd., MGF India Ltd., Goodwill (India) Ltd., and MGM (India) Ltd. before the Delhi High Court. The common issue involved was whether the assessees were entitled to receive interest on interest (compensation on delayed payment of statutory interest) in respect of income tax refunds.

The assessees had paid taxes through TDS and advance tax. Initially, refunds along with statutory interest under Section 244A were granted. Subsequently, assessments under Section 143(3) resulted in additions and tax demands. Some of these additions were deleted by appellate authorities and the Income Tax Appellate Tribunal, resulting in further refunds becoming payable.

The assessees contended that since excess tax amounts had remained with the Department for considerable periods, they were entitled not only to refund and statutory interest under Section 244A but also to additional compensation in the form of interest on such interest.

Applications under Section 154 were filed seeking interest upon interest. While the Commissioner of Income Tax (Appeals) granted relief, the Income Tax Appellate Tribunal reversed the orders and held that no such additional interest was payable. Aggrieved by the Tribunal’s decision, the assessees approached the Delhi High Court.

Issues Involved

  1. Whether an assessee is entitled to receive interest on interest on income tax refunds under the Income Tax Act, 1961?
  2. Whether the principle laid down by the Supreme Court in Sandvik Asia Ltd. vs Commissioner of Income Tax applies where the Revenue has already paid refund along with statutory interest under Section 244A?
  3. Whether delayed refund of tax, after payment of statutory interest, creates any further right to claim compensation by way of interest on interest?

Petitioner’s Arguments

The assessees argued that:

  • The Department had retained their money for prolonged periods without justification.
  • Once additions made during assessment proceedings were deleted, the taxes collected became refundable.
  • Since the Revenue enjoyed the benefit of the money during the period of wrongful retention, the assessees were entitled to compensation.
  • Reliance was placed on the Supreme Court decision in Sandvik Asia Ltd. vs Commissioner of Income Tax (2006) 2 SCC 508, wherein compensation by way of interest on delayed payment of refund interest had been granted.
  • It was submitted that merely paying the principal refund along with statutory interest was not sufficient where the assessee had suffered deprivation of funds for a considerable period.
  • Therefore, additional interest on delayed payment of statutory interest should be awarded.

Respondent’s Arguments

The Revenue contended that:

  • The Income Tax Act contains a complete code regarding refunds and interest payable on refunds.
  • Sections 240, 243 and 244A specifically govern the circumstances and manner in which interest is payable.
  • The assessees had already been granted refunds along with statutory interest under Section 244A.
  • The judgment in Sandvik Asia Ltd. was distinguishable because, in that case, even the statutory interest due to the assessee had been withheld for extraordinarily long periods ranging from 12 to 17 years.
  • In the present cases, the statutory interest itself had been paid along with the refund, and therefore no further compensation was legally permissible.
  • The Tribunal had correctly held that no interest on interest was payable.

Court Findings

The Delhi High Court undertook a detailed examination of the Supreme Court’s decision in Sandvik Asia Ltd. vs Commissioner of Income Tax and observed that the said judgment was rendered in exceptional circumstances where statutory interest payable to the assessee had itself been wrongfully withheld by the Department for long periods.

The Court noted that:

  • In the present cases, refunds were granted together with interest calculated under Section 244A.
  • The statutory interest component was never withheld independently after becoming due.
  • The Income Tax Act specifically provides for payment of interest on delayed refunds through Section 244A.
  • Once refund and the interest statutorily payable thereon are paid, no separate right arises to claim further interest upon such interest.
  • The principle laid down in Sandvik Asia applies only where interest itself, after becoming due, is wrongfully retained by the Revenue.

The Court held that the assessees had already received all amounts legally payable under the Act and therefore could not claim additional compensation in the nature of interest on interest.

Important Clarification by the Court

The Court clarified that:

  • Interest on interest may become payable only in exceptional situations where the statutory interest itself is withheld after becoming due.
  • Merely because excess tax remained with the Revenue for a period does not automatically entitle an assessee to claim compound interest or interest upon interest.
  • Where refund and interest under Section 244A are paid together in accordance with statutory provisions, no further liability survives.
  • Sandvik Asia does not lay down a general principle that interest on interest is payable in every refund case.

Sections Involved

  • Section 143(1)(a) of the Income Tax Act, 1961
  • Section 143(3) of the Income Tax Act, 1961
  • Section 154 of the Income Tax Act, 1961
  • Section 240 of the Income Tax Act, 1961
  • Section 243 of the Income Tax Act, 1961
  • Section 244A of the Income Tax Act, 1961

Court Order

The Delhi High Court answered the question of law in favour of the Revenue and against the assessees.

All the appeals filed by the assessees were dismissed. The Court held that the Income Tax Appellate Tribunal had correctly concluded that the assessees were not entitled to interest on interest where refund had already been granted together with statutory interest under Section 244A of the Income Tax Act, 1961.

Costs were quantified at ₹5,000 per appeal.

Link to download the order –https://delhihighcourt.nic.in/app/case_number_pdf/2009:DHC:9369-DB/AKS30102009ITA362009_150546.pdf

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