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2019 (2) TMI 1589 - HC - Income TaxEligibility to Interest u/s. 244A - self assessment tax refunded to the assessee - Self assessment tax as voluntarily paid by the assessee and not pursuant to a notice of demand issued u/s. 156 - HELD THAT:- The impugned order of the Tribunal has held that the Assessee is entitled to interest u/s 244A on the refund of the excess self assessment tax paid by it. This by following the decision of this Court in Stock Holding Corporation of India Ltd., v/s. N. C. Tewari, Commissioner of Income Tax & Others [2014 (11) TMI 899 - BOMBAY HIGH COURT] - No substantial question of law. Interest u/s 244A allowed on the self assessment tax refunded to the assessee - grievance of the Revenue that order of the Tribunal erred in ignoring the decision of CIT v/s. Engineers India Ltd., [2015 (3) TMI 110 - DELHI HIGH COURT] while allowing the appeal of the Assessee - HELD THAT:- The grievance of the Revenue is unsustainable in law. This is so, as the Tribunal is bound by the decision of the jurisdictional High Court as held in East India Commercial v/s. Collector of Customs [1962 (5) TMI 23 - SUPREME COURT OF INDIA] and in CIT v/s. Thane Electricity Supply Co. Ltd. [1993 (4) TMI 37 - BOMBAY HIGH COURT] - No fault can be found with the impugned order of the Tribunal in allowing the Assessee's appeal by following the decision of this Court in Stock Holding Corporation [2014 (11) TMI 899 - BOMBAY HIGH COURT]. It may also be pointed out in passing, that the decision of the Delhi High Court in Engineering India Ltd. has been set aside by the Apex Court in Engineers India Ltd., v/s. CIT [2017 (7) TMI 873 - SUPREME COURT] - Decided against revenue
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