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Gujarat Narmada Valley Fertilizers Co Ltd. Versus Assistant Commissioner of Income Tax

2016 (7) TMI 526 - GUJARAT HIGH COURT

Entitled to any interest under section 244A denied - Held that:- In view of the decision of the Apex Court in the case of Commissioner of Income-tax v. Gujarat Fluoro Chemicals reported in (2013 (10) TMI 117 - SUPREME COURT ) wherein held The Legisla .....

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om the Revenue and no other interest on such statutory interest. Thus we are of the opinion that the Tribunal has rightly rejected the claim of the assessee. - Decided against the assessee. - Tax Appeal No. 1751 of 2008 Tax Appeal No. 1752 of 2008 Ta .....

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Mr. Justice KS Jhaveri ) All these appeals have been preferred by the appellants against the impugned orders of the Income-tax Appellate Tribunal, Ahmedabad, (hereinafter referred to as the Tribunal ) whereby the Tribunal has dismissed the appeals p .....

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s of the case the Income-tax Appellate Tribunal was right in law in holding that the appellant is not entitled to any interest under section 244A of the Act? 3. The facts of the case are that the assessee claimed interest on interest. The Assessing O .....

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ssesse against which the revenue preferred appeal before the Tribunal. In some appeals, the Commissioner of Income-tax (Appeals) dismissed the appeals against which the assessee carried the matter in appeals before the Tribunal. The Tribunal after he .....

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ror in not appreciating the legal position and not relying on the decision cited by the appellant. Therefore, the Tribunal has committed error in rejecting the claim of the assessee. 5. The learned counsel for the respondent has supported the order o .....

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ned counsel for the parties. We have also perused the order of the Tribunal. In view of the decision of the Apex Court in the case of Commissioner of Income-tax v. Gujarat Fluoro Chemicals reported in (2013) 358 ITR 291 (SC), we are of the opinion th .....

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refunds under various contingencies. It is only that interest provided for under the statute which may be claimed by an assessee from the Revenue and no other interest on such statutory interest. In Sandvik Asia Ltd. v. CIT (2006) 280 ITR 643 (SC), t .....

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