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2018 (10) TMI 242 - AT - Income TaxInterest u/s 244A - refund granted into tax refund and interest refund and adjusted the tax refund from tax refund due and interest refund from interest refund due - CIT(A) ought to have adjudicated the issue even when the rectification petition was pending - Held that:- We find that the issue has already been adjudicated by the Tribunal in assessee’s own case [2016 (8) TMI 688 - ITAT MUMBAI]. Therefore, without delving much deeper into the issue, AO is directed to re-compute the amount refundable to the assessee in terms of the decision of this Tribunal for AY 2008-09 by disposing-off application u/s 154 filed by the assessee. The assessee is directed to file the necessary computations / details in this regard. Needless to add that the assessee shall not be entitle for any interest on interest, whatsoever, in terms of the cited decision of COMMISSIONER OF INCOME TAX, GUJARAT VERSUS GUJARAT FLOURO CHEMICALS [2012 (8) TMI 740 - SUPREME COURT] Interest u/s 244A for the month of payment of tax or granting of refund has not been provided to the assessee as against specific provisions for the same in Rule 119A - AO is directed to consider the same in the light of Rule 119A. This ground for both the years stand allowed for statistical purposes. Not set off correct amount of brought forward losses as finally ascertained consequential to the orders of appellate authorities - Held that:- We find that the assessee has already filed rectification application dated 13/12/2016 against the same. We find the adjustment to be consequential in nature and therefore direct the Ld. AO to consider the same in the light of application u/s 154 filed by the assessee. This ground stand allowed for statistical purposes.
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