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2018 (9) TMI 351 - KARNATAKA HIGH COURTInterest on the refund granted - date from which interest on refund amount to be awarded i.e, either from the date of exemption or from the date of the application - Held that:- The respondent authorities have to decide from which date the petitioner - assessee is entitled for interest on the refund amount in view of the exemption granted by the Tribunal as long back on 28.9.2007 (Annexure-C) though the application filed on 27.3.2006 (Annexure-A). All these aspects are not considered by Respondent Nos.1 and 2. It is also relevant to state at this stage that in view of Sections 244A(1), 244A(2), 244(1A) and 153 and other relevant provisions of the Act, the Prl. Chief Commissioner or the Commissioner is the final authority to decide regarding the date from which interest on refund to be granted. In all these writ petitions, order of refund to the assessee is not at all challenged by the Revenue. There is no dispute with regard to the refund amount to the assessee. The order of refund is final. The dispute is only with regard to the date from which interest on refund amount to be awarded i.e, either from the date of exemption or from the date of the application. The same has not been considered by the authorities below. For the reasons stated above, the writ petitions are allowed. The impugned orders dated 27.5.2011 passed by the 2nd respondent declining to award interest on refund as per Annexure-F and consequential Revision Order dated 26.3.2014 passed by the 1st respondent as per Annexure-G, in all these writ petitions are hereby quashed. The matters are remanded to the 2nd respondent - Assistant Commissioner of Income Tax for re-adjudication
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