TMI Blog2013 (11) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... ax - Decided in favour of assessee. - - - - - Dated:- 23-11-2012 - Order The order of the Bench was delivered by Shamim Yahya (Accountant Member).-These two appeals filed by the assessee are directed against the respective orders of the learned Commissioner of Income-tax (Appeals)-IX, New Delhi, pertaining to the assessment years 1994-95 and 1995-96 respectively. Since the issues are common and the appeals were heard together, these appeals are being consolidated and disposed of by this common order for the sake of convenience. The common issue raised in these two appeals is that the learned Commissioner of Income-tax (Appeals) has erred in confirming the action of the Assessing Officer in not allowing interest on excess tax collect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me was attributable to the assessee. The learned Commissioner of Income-tax (Appeals) further observed that on going through the facts, it was noticed that the return was filed on November 30, 1994 ; that during the assessment proceedings, the assessee submitted some details but had failed to furnish evidence for certain transactions because of which the additions were made by the Assessing Officer. From this the learned Commissioner of Income-tax (Appeals) inferred that it is clear that the additions were made by the Assessing Officer due to failure on the part of the assessee to substantiate its claim as per the return of income. The learned Commissioner of Income-tax (Appeals) further noted that not only the assessee did not produce the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill the date of giving effect to such order. Against the above order the assessee is in appeal before us agitating that interest should be allowed on excess tax collected from the date of payment up to the date of the order of the Income-tax Appellate Tribunal. We can gainfully refer to the provisions of section 244A as under : "244A.(1) Where refund of any amount becomes due to the assessee under this Act, he shall, subject to the provisions of this section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in the following manner, namely : (a) where the refund is out of any tax paid under section 115WJ or collected at source under section 206C or paid by way of advance tax or treated as paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (3) of section 115WE or section 115WF or section 115WG or sub-section (3) of section 143 or section 144 or section 147 or section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264 or an order of the Settlement Commission under sub-section (4) of section 245D, the amount on which interest was payable under sub-section (1) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and in a case where the interest is reduced, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the amount of the excess interest paid and requiring him to pay such amount; and such notice of demand shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . No interest has been granted from the date of payment to the date of the Income-tax Appellate Tribunal order on the ground that assessment proceedings were delayed due to assessee, as the assessee had failed to furnish the requisite detail before the Assessing Officer and the learned Commissioner of Income-tax (Appeals). However, no cogent basis for this has been brought on record. In our considered opinion, the above is not sustainable. The proceedings before the Assessing Officer, the learned Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal is a continuous process. In the facts and circumstances of the present case there is no cogent basis to hold that the assessment proceedings got delayed due to the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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