TMI Blog2019 (9) TMI 1626X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee by the decision of Hon ble Delhi High Court in CIT vs. Engineers India Ltd. [ 2015 (3) TMI 110 - DELHI HIGH COURT] - Hence, this ground of appeal is dismissed.on the interest. - ITA Nos. 765 & 766/MUM/2015 - - - Dated:- 18-9-2019 - SHRI G.S. PANNU, VICE-PRESIDENT AND SHRI PAWAN SINGH JUDICIAL MEMBER Appellant by : Shri Yogesh Thar (AR) Respondent by : Shri R.A. Dhyani (DR) ORDER PER PAWAN SINGH, JUDICIAL MEMBER; 1. These two appeals by assessee are directed against the order ld. Commissioner of Income Tax (Appeals)-12 [the ld. CIT(A), Mumbai dated 11.11.2014 12.11.2014 for Assessment Year 1999-2000 2000-01 respectively. In both the appeals, the assessee has raised certain common grounds of ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 16th July 2012 and 7th August 2012. 4. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) has erred in confirming the order of the Ld. A.O in not allowing further interest u/s. 244A which is allowable to the appellant on the amount of interest withheld by the Department in view of the judgment of the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. (280 ITR 643). 2. At the outset of hearing, the ld. Authorized Representative (AR) of the assessee submits that Ground No.1 to 3 of the appeal are covered in favour of assessee by the decision of Mumbai Tribunal in assessee own case in ITA No. 764 767/M/2015 for A.Y. 1999-2000 2000-2001 dated 20.01.2017 wherein the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled to interest on refund, if till the order dated 31.12.2010 or upto 20.05.2011 (date of refund voucher) and Secondly, if the assessee is also entitled to interest on the interest as claimed by the assessee. 5. The Assessing Officer, repudiated both the claims of the assessee for first claim i.e. the upto date interest till the date of refund voucher was denied by taking view that the Rajasthan High Court in Rajasthan State Electricity Board vs. CIT (2006) 281 ITR 274 (Raj.) held that the refund is granted, the moment the officer signed the payment interest u/s 244A. The second contention of assessee for claiming interest on interest was declined on the ground that the decision of Sandvik Asia Ltd. (280 ITR 643), relied by assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refund voucher on 20th May 2011. The issue being identical in assessment year 2000-01, our aforesaid order will apply mutatis mutandis to the said assessment year and the Assessing Officer is directed to allow refund of interest accordingly. Grounds No. 1 and 2 for both the assessment years are allowed. 8. In Ground No.3, which is common in both the assessment years, the assessee has claimed interest on delayed payment of interest under section 244A of the Act. 7. Considering the decision of Tribunal, we find that the issue/first contention raised in Ground No. 1 to 3 are squarely covered in favour of assessee. Hence, we direct the Assessing Officer to allow the refund of interest till the date of issuance of refund voucher i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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