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2021 (12) TMI 442 - AT - Income TaxDisallowance of certain expenses claimed for the business purpose - assessee is an individual and engaged in the business of hospitality services - HELD THAT:- As admitted that assessee has maintained regular books of accounts and complete bills and vouchers and other related details regarding the expenses which were filed by the assessee. Simply because assessee has not maintained separate ledger account and too for personal expenses, it does not mean that the expenses cannot be verified or are personal in nature. No discrepancy or any particular expenses have been pointed out as these are for personal nature or the expenses incurred are not for the purpose of business. Such adhoc disallowance cannot be sustained and the same is directed to be deleted. - Decided in favour of assessee. Refund on self assessment tax and advance tax u/s 244A - Disallowing the interest u/s 244A - Scope of amendment - HELD THAT:- . The Finance Bill 2016, considered the Equity and justice amended The Act, introduced a Sec. 244A(1aa) - amendment provides that assessee shall be eligible to interest on refund of self-assessment tax for the period beginning from the date of payment of tax or filing of return, whichever was later, to the date on which the refund is granted. This amendment though has been brought w.e.f. 1.6.2016, but it is curative and declaratory provision therefore, same should be applied retrospectively. It has been held so by the Hon’ble High Court in the case of CIT vs. Ansal Land Mark Township (P) Ltd [2015 (9) TMI 79 - DELHI HIGH COURT] that if the amendment was declaratory and curative in nature, the same should have been on retrospective basis specially when this amendment has been brought to bring fairness and equity and proposed to pay interest in the case where the refund is a result of self assessment tax. Such a benefit has to be extended to all and not only from a particular date i.e. 1.6.2016. Accordingly we direct the AO to allow the interest u/s 244(A). Appeal of the assessee is allowed.
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