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2013 (5) TMI 71 - AT - Income TaxNon granting of interest u/s 244A consequent to the refund - Held that – where assessee voluntarily deducted tax and claimed refund directly, grant of interest under section 244A may not arise and the Board Circulars on this issue are applicable, whereas in a case where AO demand the tax / interest consequent to an order under section 195/201 or 201A, and the refund arose consequent to the orders of the CIT (A)/ITAT, then interest under section 244A has to be granted. Relying in the decisions of Tata Chemicals Ltd. v. Dy. CIT [2007 6 TMI 300 Mumbai] and the decision of the Godrej Industries Ltd. v. Dy. CIT [2006 1 TMI 469 Mumbai] assessee is entitled to interest u/s 244A. - Decided in favor of assessee.
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