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2020 (1) TMI 718 - ITAT MUMBAIRevision u/s 263 - allowing of interest on interest u/s 244A - whether the order giving effect dated 11.03.2013 passed by AO in grant of refund which included refund being interest on interest is erroneous and prejudicial to the interest of revenue - whether there is inordinate delay or in an ordinary manner while granting refund ? - HELD THAT:- From the dates and events which is summarised by Ld. PCIT at para 2.1 of his order we find that the Tribunal passed the order on 19-02-2010 and refund was granted on 29-03-2010. Further, the CIT (A) passed the order on 24.12.2012 and order giving effect was passed by AO on 11-03-2013 and accordingly, the refund order was issued. Thus, there is no delay which could be said to be inordinate delay on the part of the revenue in granting refund. We are of the view that the case law in Sandvik Asia Ltd [2006 (1) TMI 55 - SUPREME COURT] is not helpful to the assessee. As we have already held that there was no inordinate delay on the part of the revenue in issuing the refund order, in our view the order giving effect dated 11-03-2013 is not only erroneous but also prejudicial to the interest of revenue. Accordingly, the order passed by ld. PCIT fulfils the twin condition of section 263 of the Act. Therefore, we do not find any merit in the appeal filed by the assessee, which is hereby dismissed.
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