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2014 (1) TMI 1277 - AT - Income TaxNon-grant of quantum of Interest u/s 244A of the Act - Whether the assessee could contest an order of assessment in appeal on the ground of non- grant of or otherwise the quantum of the interest granted u/s 244A of the Act – Held that:- Relying upon Caltex Oil Refining (India) Ltd. vs. CIT [1992 (12) TMI 23 - BOMBAY High Court] - The assessee had preferred a valid appeal, warranting adjudication - The ld. CIT(A) having not adjudicated the matter, holding the same as not appealable, the matter would warrant being restored back to his file for the purpose - it is the assessing authority who has to grant the interest, and whose order contains no reference to any reason for the non-grant of the mandatory interest u/s.244A - the law clearly prescribing the same for being granted along with the refund – order set aside and the matter remitted back to the AO for fresh adjudication – Decided in favour of Assessee.
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