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2014 (10) TMI 863

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..... umar ORDER 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 interest u/s. 244A on refund due in accordance with law and the current legal position. 2. At the outset it was submitted by Ld. AR that interest under section 244A has not been correctly computed by the AO. Reference in this regard was made to the order passed by the Tribunal in group case of the assessee i.e. in the cas .....

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..... which lead to excess grant of interest to the tune of ₹ 1,92,42,460/-. On the other hand, Ld. AR has relied on the order of the Ld. CIT(A). 5. We have heard both the parties and perused 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 do not find any justifiable reason to interfere with order passed by the Ld. CIT(A) directing the AO to exclude the interest element of refund earlier g .....

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..... 997 4,31,52,261 1,42,46,316 5,73,98,577 4,31,52,261 February 2003 2,86,97,603 1,10,88,874 3,97,86,477 2,86,97,603 March 2003 (1,172) 98,51,812 98,50,640 (1,172) Interest payable to the Appellant u/s.244A 3,77,01,243 4,82,779 Refund short granted 1,05,57,536 2.2 Ld. AR pleaded that Ld. CIT(A) has erred in not accepting these submissions of the assessee and, therefore, the ord .....

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