2004 (12) TMI 62 - GUJARAT HIGH COURT

Interest on refund – rectification - petitioner, an individual, challenges, by way of this petition under articles 226 and 227 of the Constitution of India, the orders made by the CIT under sections 263 and 264 - respondent-Commissioner has nowhere stated that the petitioner is not entitled to the relief under section 10(10C). In fact, the said position is undisputed. The Assessing Officer himself had passed an order under section 154, granting such relief. In the circumstances, even the order under section 264 of the Act made on March 29, 2004, cannot be sustained. - In the result, the orders dated March 29, 2004, made under sections 263 and 264 are quashed and set aside, and the order dated March 27, 2003, made by the Assessing Officer under section 154 of the Act shall prevail. The respondent is directed to not only issue the refund due in accordance with the order under section 154 dated March 27, 2003, but also grant interest under section 244A, till the date of payment of the refund