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2022 (6) TMI 747 - AT - Income TaxInterest on refund u/s.244A of the Act till 11.11.2014 - assessee received refund on 11.01.2014 but it was not provided tax calculation sheet along with the same - HELD THAT:- After receipt of refund cheque, assessee made several requests to the AO for copy of tax calculation sheet but however the AO issued only tax computation sheet only on 10.12.2016. From the tax calculation sheet provided by AO, assessee noted that the interest u/s.244A of the Act on refund was computed only up to 06.01.2014, whereas the assessee is eligible to receive interest u/s.244A of the Act up to the date of refund cheque i.e., 11.11.2014. The assessee moved rectification application before AO which was rejected by AO by citing the decision of Rajasthan High Court in the case of Rajasthan State Electricity [2005 (11) TMI 35 - RAJASTHAN HIGH COURT]. Aggrieved, assessee preferred appeal before the CIT(A). The CIT(A) stated that the decision of Hon’ble Rajasthan High Court in the case of Rajasthan State Electricity supra is in favour of assessee and also cited the Board’s instruction No.7 dated 01.08.2002 and directed the AO to grant interest u/s.244A of the Act on the refund amount up to the date of 11.11.2014. Aggrieved, Revenue is in appeal before the Tribunal. CIT(A) has considered the Instruction No7 of 01.08.2002 issued by the Central Board of Direct Taxes and Circular No.11/2016 dated 24.04.2016, Instruction No.7/2013 dated 15.07.2013 and Instruction No.2/2007 dated 28.03.2007 and also the decisions of Hon’ble Supreme Court in the cases of Sandvik Asia Ltd [2006 (1) TMI 55 - SUPREME COURT] and CIT vs. HEG Ltd. [2009 (12) TMI 35 - SUPREME COURT] and noted that the assessee is entitled for interest on refund u/s.244A of the Act up to the date of actual grant of refund i.e., 11.11.2014. Now, the ld. Senior DR could not controvert the order of CIT(A) despite specific query asked by the Bench. The ld.Senior DR however relied on the order of AO rejecting the rectification application by the AO u/s.154 of the Act. We find no infirmity in the order of CIT(A) and hence, the appeal of Revenue is dismissed.
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