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2023 (1) TMI 615 - AT - Income TaxShort grant of refund - Refund issued is to be segregated into tax refund and interest refund and be adjusted accordingly - whether the assessee can claim the recovery of the interest amount first out of the refund granted by the revenue or the same should be adjusted towards the principal amount of tax refund? - Whether CIT(Appeals) has grossly erred in dismissing the appellant’s ground in segregating the refund issued into tax refund and interest refund and adjusting the tax refund from tax refund due and interest refund from interest refund due instead of adjusting the entire refund granted first against the interest refund due and thereafter against the tax refund due? - HELD THAT:- There was identical issue in case of Karsanbhai Kachrabhai Patel HUF [2022 (12) TMI 1083 - ITAT AHMEDABAD] where decided the issue in favour of the assessee. Before us, no material has been placed on record by the Revenue to demonstrate any contrary decision of the Higher Judicial Authorities. Before me, Revenue has not placed any material on record to point out any distinguishing feature in the facts of the case for the year under consideration and that of the case cited above nor has placed any contrary binding decision in its support. Thus respectfully following the above allow the ground of appeal of the assessee.
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