TMI Blog2010 (2) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... Mohd. Usman for the Appellant Kanchun Kaushal and Dhanesh Bafna for the Respondent ORDER: R.K. Panda, Accountant Member 1. The above two appeals filed by the Revenue are directed against the separate orders dated 5th March, 2009 of the CIT(A)- XXXIII, Mumbai, relating to assessment years 1999-2000 and 2003- 04, respectively. Since identical grounds are taken by the Revenue in both the appeals, therefore, these were heard together and are being disposed of by this common order. I.T.A. No. 3685/Mum/2009 (A.Y. 1999-2000): 2. The grounds of raised by the Revenue are as under: 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in holding that the assessee is entitled to int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf assessment tax. The decision of the Hon'ble Madras High Court in the case of CIT vs. Ashok Leyland Ltd., reported in 254 ITR 641, the decision of the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. vs. CIT reported in 280 ITR 643 and the decision of the Kolkata Bench of the Tribunal in the case of Hooghly Mills Co. vs. DCIT reported in 74 ITD 309 were relied upon. 6. Based on the various arguments advanced by the assessee, the CIT(A) held that the assessee is entitled to additional interest u/s. 244A of the Act on the amount of self assessment tax paid from the date of payment i.e., 13th February 2006 till the date of granting of refund. The relevant operative para of the CIT(A) reads as under: "15. I have gone through th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort note) "Clause (b) of s. 244A(1) provides that in any other case, i.e., a case which does not fall within cl. (a), such interest has to be granted from the date or as the case may be, dates of payments of the tax or penalty to the date on which the refund is granted. The Explanation below cl. (b) provides that "date of payment of tax or penalty" means the date on and from which the amount of tax or penalty specified in the notice of demand issued under s. 1567 is paid in excess of such demand. There is no dispute that the self assessment tax was paid on 29th June, 1998. If that be so, one need not go to the definition of the said term in the Explanation below cl. (b).. The Explanation can in no manner curtail or restrict the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
