TMI Blog2015 (10) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... that:- It is not in dispute that the refund granted to the assessee was withdrawn by way of rectification order under section 154 of the Act. It is also not in dispute that the hon'ble High Court of Bombay in the case of Stock Holding Corpn. of India [2014 (11) TMI 899 - BOMBAY HIGH COURT ] has held that the assessee is entitled to interest on refund under section 244A of the Act in respect of se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER N. K. Billaiya (Accountant Member).- This appeal by the Revenue is directed against the order of the learned Commissioner of Income-tax (Appeals)-20, Mumbai dated April 15, 2013 pertaining to the assessment year 2008-09. 2. The assessee has raised three substantive grounds of appeal. With ground No. 1, the assessee has challenged the assumption of jurisdiction under section 154 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Commissioner of Income-tax (Appeals). It was strongly contended that the Assessing Officer grossly erred in assuming jurisdiction under section 154 of the Act inasmuch as the issue is debatable and it is not a mistake apparent from record which can be rectified under section 154 of the Act. The learned Commissioner of Income-tax (Appeals) was not convinced as he was of the opinion that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India Ltd. in Writ Petition No. 823 of 2000 has held that interest is payable from the date of payment of the tax on self assessment to the date of refund of the amount under section 244A of the Act. It is the say of learned counsel that looking from any angle assumption of jurisdiction under section 154 of the Act is erroneous. 6. Per contra, the learned Departmental representative strongly s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirming the order of the Assessing Officer. We, therefore, set aside the order of the learned Commissioner of Income-tax (Appeals) and hold that the order passed by the Assessing Officer under section 154 of the Act is bad in law. 8. In the result, the appeal filed by the assessee is treated as allowed for statistical purposes. The order pronounced in the open court at the time of hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
