TMI Blog2013 (5) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment years 1998-99 & 1999-2000 are rejected.In the result, Revenue's Misc. Applications stand dismissed. - M. A. No. 151/Mum/2012,M.A. No. 152/Mum/2012 - - - Dated:- 8-2-2013 - Shri Dinesh Kumar Agarwal, JM And Shri B. Ramakotaiah, AM,JJ. For the Applicant : Shri Manoj Kumar For the Respondent : Shri Jitendra Sanghavi ORDER Per Dinesh Kumar Agarwal, JM. :- These two Misc. Applications filed by the Revenue are directed against the common order dtd. 30-8-2011 passed by the Tribunal in ITA No. 4718 4719/Mum/2010 for the assessment years 1998-99 and 1999-2000. Since facts are identical and issue involved is common, both these Misc. Applications are disposed of by this common order for the sake of convenience. 2. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and self-assessment, interest u/s 244A is allowable. He, therefore, submits that in view of the decision of the Hon'ble jurisdictional High Court the assessee is entitled to interest u/s 244A and accordingly the Misc. Applications filed by the Revenue be rejected. 6. We have carefully considered the submissions of the rival parties and perused the material available on record. We find that the claim of the Revenue is that the decision of the Hon'ble Supreme Court relied on by the Tribunal in CIT vs. Tulsyan NEC Ltd. (2011) 330 ITR 226 (SC) pertains to the chargeability of interest u/s 234A, 234B and 234C of the Act whereas the issue under consideration is payment of interest u/s 244A of the Act. Further in view of the specific proviso of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion shall stand answered in favour of the assessee and against the Revenue." 8. In the absence of any distinguishing feature brought on record by the Revenue, we respectfully following the decision of the Hon'ble jurisdictional High Court, which is binding on us, hold that the Tribunal has rightly held as under:- 5. ".............Respectfully following the authoritative pronouncements of the Hon'ble Apex Court and the High Courts, we are inclined to uphold the findings of the ld. CIT(A) in directing the AO to allow the interest under sect ion 244A on the entire refund amount so determined after al lowing MAT credit to the appellant company subject to verification. Accordingly, the grounds taken by the Revenue are rejected." In this vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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