TMI Blog2017 (10) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... REME COURT] - Decided against assessee. - ITA No. 3048/Ahd/2013 - - - Dated:- 20-4-2017 - Shri S. S. Godara, Judicial Member And Shri Amarjit Singh, Accountant Member For The Revenue : Shri Deepak Sutaria, Sr. D.R. For The Assessee : Shri H.C. Shah, A.R. ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee s appeal for A.Y. 2005-06, arises from order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The assessee filed appeal before the ld. CIT(A) that the assessing officer had not granted additional compensation of ₹ 37,360/- on the interest receivable u/s. 244A of the act in respect of A.Y.2005-06. The Ld. CIT(A) has dismissed the appeal of the assessee by stating that decision of the Hon ble Apex court in the case of Sandvik Asia 280 ITR 643 had been overruled by the decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ik Asia case the interest payment was wrongly withheld for a long period of 17 years. Therefore, the interest for delay in payment of the amount lawfully due to assessee was ordered. Now in the above decision the Hon'ble Supreme Court has observed that section 214 of the I.T. Act does not provide for payment of compensation by the revenue to the assessee in whose favour refund order has been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to interest under the relevant provisions of the Act? It was also held - We say no more. With respect, we are of the view that Sandvik Asia (Supra) has not been correctly decided. In the circumstances, we direct the Registry to place this matter before Hon'ble the Chief Justice on the administrative side for appropriate orders. The Registry is also directed to place similar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e findings of the ld. CIT(A) we find that Ld.CIT(A) was justified in his decision as in the above case the Hon ble Supreme Court has decided that section 214 of the act does not provide for payment of compensation by the revenue, therefore we do not find any reason to interfere in the findings of the ld. CIT(A). 5. As a result, the appeal of the assesseee is dismissed. Order pronounced in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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