Assessee filed return of income and same income was processed under section 143(1) with refunndable amount but due to some reason refundable amount was hold. Now assessment was done under section 143(3) and more refundable amount comes. Same amount issued to assessee. After that again assessment was made under section 147 and now demand is raised. Now interest 234D should be calculated or not on amount which was issued to assessee on order under section 143(3).
Yes, interest under Section 234D is applicable on the excess refund issued under 143(3) if a reassessment under Section 147 results in a demand.
Let’s break down your situation step by step:
Refund determined and held (not issued).
Refund (larger than 143(1)) was finally issued to the assessee.
At this point, refund is officially granted.
A demand is raised (i.e., refund was excess or income escaped assessment).
YES, interest under Section 234D is applicable if:
A refund was granted at any prior stage (here, after 143(3)),
That refund is later found excessive after assessment under Section 147, and
The reassessment under 147 results in reduction or complete reversal of refund.
So, even though the refund was not issued under 143(1), but was issued under 143(3), Section 234D will still apply, if Section 147 modifies that refund outcome.
Karia Overseas
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