Whether interest under 234D is levied in case refund granted on order of CIT(A)

Last updated: 24 November 2022
Quick Summary
The Bombay High Court ruled that interest under Section 234D is not applicable when a refund is granted based on a Commissioner (Appeals) order, which is later set aside by the Tribunal. This is because Section 234D specifically applies to refunds processed under Section 143(1) that are found to be excessive during regular assessment. As the refund in this case was not granted under Section 143(1) or a regular assessment order, the interest charge was deemed inappropriate.

Court :
Bombay High Court

Brief :
In this case the refund to the assessee was due to order of CIT(A) and not the basis of regular assessment and hence interest under Section 234D is not leviable.

Citation :
(2013) 358 ITR 0367

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