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Interest on Refund

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13 April 2009 My son e-filed his return of income, for A.Y.2007-2008, on 27-07-2007, and filed Verification form in ITR-V on 14.08.2007. He claimed a refund of Rs.87,365/-. The Assessing Officer issued a letter, dated 23-12-2008, requesting for furnishing Form 16A and TDS certificates for processing of return and issue of refund (if any). On 12-01-2009, the original TDS certificate of the employer, in Form 16, showing a total TDS of Rs.5,32,981/- (as shown in the return of income), was submitted at the I.T. Office.

The Assessing Officer issued Intimation under Section 143(1), dated 31/03/2009, showing TDS of Rs.3,20,596/-. This figure appears to bear no relation whatsoever to the figures shown in the e-filed Return of Income. Further, the Assessing Officer has shown an amount of Rs.1,40,785/- as Tax Payable, including interest under section 234B and 234C.

My son filed an application, on 13-04-2009, under section 154 and 155(14), for rectification. Hopefully, the rectification will be carried out, and refund with interest will be granted.

My query is this:

With reference to which of the following dates will interest be calculated:

1.Date of e-filing of return I.e.27-07-2007;
2.Date of filing Verification form in ITR-V I.e.14-08-2007;
3.Date of submission of the TDS certificate requested by the Assessing Officer I.e.12-01-2009;
4.Date of filing of Application for Rectification u/s 154 I.e.13-04-2009?

13 April 2009 The concerned section is 244A. Eligibility of interest arises if the refund amount is not less than 10% of the amount of tax determined u/s 143(1).
Present rate of interest is 0.50% per month or part of a month.
In the cited situation, the period of interest commences from 01/04/2007 to the date on which refund is granted.
N.B:- If the delay in the refund proceedings are due to reason attributable to the assessee, wholly or in part, such period of delay shall be excluded from the period of interest.

14 April 2009 Dear Mr. Warrier,

Many thanks for your prompt reply.




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