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2023 (3) TMI 142 - AT - Income TaxRectification of mistake u/s 154 - withdrawing the interest granted to the assessee u/s. 244A - delay in the issuance of the refund u/s 244A(2) - debatable issue - HELD THAT:- Whether the issue of responsibility for the delay can be attributed under section 244A(2) of the Act is concerned, restoring the issue to the file of the AO in the present case would be an act of futility. This is because we are faced with an order under section 154 - If at all the direction u/s. 244A(2) was to be granted by the appropriate authority, who admittedly is not the AO, then such direction could have been issued before the issuance of show cause notice u/s. 154 of the Act. Now when the issue is before the Tribunal and much water has flowed under the bridge, by restoring the issue to the file of the AO, no purpose would be served insofar as such a direction cannot be obtained from the appropriate authority for a fresh issuance of a show cause notice u/s. 154 as the same would be substantially time barred - as it is noticed that the AO is not the authority who could attribute the delay in the issuance of the refund u/s 244A(2) as also on the ground that the issue is highly debatable issue, we are of the view that the order passed u/s. 154 is unsustainable and consequently, the order of the Assessing Officer and that of the Ld. CIT(A) stands quashed. Appeal of the assessee stands allowed.
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