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May 2025

Refund — Effect of section 240 — Refund consequent on appellate order — Refund should be granted without application for it. Interest on refund — Effect of section 244 — Deduction of tax at source — Tax deducted at source and deposited has to be treated as tax duly paid — Such amount be taken into consideration in computing interest on refund — Interest payable from first day of April of relevant Assessment Year to the date on which refund is ultimately granted:

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 4 mins

12. ESS Singapore Branch vs. DCIT:

[2025] 473 ITR 541 (Del.):

A. Y. 2014-15: Date of order 22nd August, 2024:

Ss.199, 240 and 244 of  ITA 1961

Refund — Effect of section 240 — Refund consequent on appellate order — Refund should be granted without application for it. Interest on refund — Effect of section 244 — Deduction of tax at source — Tax deducted at source and deposited has to be treated as tax duly paid — Such amount be taken into consideration in computing interest on refund — Interest payable from first day of April of relevant Assessment Year to the date on which refund is ultimately granted:

The Assessee filed return of income for AY 2014-15 and claimed a refund of ₹3,65,970. The case was selected for scrutiny wherein the Assessing Officer raised an issue as to whether the revenue earned by the assessee including the consideration for live feed, would constitute royalty and thus be taxable. The Assessing Officer framed the draft assessment order holding that the consideration received towards live feed was taxable as royalty under the Income-tax Act, 1961. The Dispute Resolution Panel (DRP), affirmed the view taken by the AO pursuant to wh

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