2014 (10) TMI 863

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..... R PER I.P.BANSAL, J.M: This appeal is filed by the assessee and it is directed against order passed by Ld. CIT(A-20 Mumbai dated 12/04/2013 for assessment year 1990-91. Grounds of Appeal read as under: "Ground No.1: Short Grant of Interest u/s. 244A: On the facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in not directing the learned Assessing Officer to grant int .....

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..... n the said case. "1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) failed to appreciate that as per the provision of section 244A, the assessee will be entitled to simple interest whereas the direction given by the CIT(A) is contrary to the provision. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in directing the AO to deduct .....

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..... the material on record. It is pertinent to mention that ground No.1 is vague and also the DR has been unable to point out any infirmity in the order of the Ld. CIT(A). We hereby dismiss ground no.1 for the reason that the assessee is entitled for the interest on refund according to the provision of section 244A(1) and Ld. CIT(A) has not given any direction contrary to law. 5.1 As ground no.2, we .....

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..... ng interest for the year under consideration the AO has calculated the tax contrary to the aforementioned decision of the Tribunal. Ld. AR has placed before us the calculation of the interest which is in accordance with the aforementioned position of law accepted by the Tribunal in group case. The calculation read as under: Assessment Year 1990-91 Refund Due as at April 27, 1994 As per Income t .....

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..... bunal in the aforementioned group case. 3. On the other hand, Ld. DR relied upon the order passed by A.O and Ld. CIT(A). 4. After hearing both the parties, respectfully following aforementioned decision of Tribunal in group case of the assessee the relevant portion of which has already been reproduced, we direct the AO to recalculate the interest in accordance with the aforementioned decision of .....

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