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2014 (12) TMI 1193 - AT - Income TaxNon granting of interest u/s 244A on the self assessment tax paid - maintainability of proceedings u/s 154 - Held that:- The issue of interest on self assessment cannot be raised in proceedings u/s 154, cannot be accepted, because it was only after giving effect to the Ld.CIT(A) order and while granting refund, the AO has not granted the interest on self assessment tax. The only course left before the assessee was to file a petition u/s 154. Thus the claim of interest of self assessment tax is maintainable in the proceedings u/s 154. So far as the issue, whether interest should be granted on the amount of self assessment tax paid is now covered by the decision of the Hon'ble Bombay High Court in the case of Stock Holdings Corporation of India (2014 (11) TMI 899 - BOMBAY HIGH COURT ), wherein held that tax paid on self assessment would fall within the ambit of section 244A(i)(b). Accordingly the AO is directed to grant interest u/s 244A on the self assessment tax. - Decided in favour of assessee Working of interest u/s 244A while granting refund to the assessee - Held that:- The assessing officer should examine the working of refund and interest afresh, keeping in view the ratio laid down by the Hon'ble Delhi High Court in the case of India Trade Promotion Organization Vs. CIT (2013 (9) TMI 451 - DELHI HIGH COURT). The assessee can submit its own working, which can be examined by the AO in light of the decision of the Hon'ble Delhi High Court as their Lordships after examining the relevant provision of section 244A and effect of the decision of Hon'ble Supreme Court in the case of CIT Vs. HEG [2009 (12) TMI 35 - SUPREME COURT] have laid down the principle as to how the part payment of refund and the interest on the balance amount is to be calculated - Decided in favour of assessee partly for statistical purpose.
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