TMI Blog2012 (9) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... ER PER G.D.AGRAWAL, VP : This appeal by the assessee is directed against the order of learned CIT(A)-VIII, New Delhi dated 29th September, 2009 for the AY 1996-97. 2. At the time of hearing before us, it is stated by the learned counsel that this appeal was originally dismissed by the ITAT for want of COD approval vide order dated 11th January, 2010. However, in M.A.No.531/Del/2010, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the assessee s contention that the refund was granted as per the order of the CIT(A) and he stated that refund was granted as per the order under Section 143(1), therefore, interest under Section 234D is rightly charged. 5. We have carefully considered the arguments of both the sides and perused the material placed before us. Section 234D reads as under:- [Interest on excess refund. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) of section 245D, the amount of refund granted under sub-section (1) of section 143 is held to be correctly allowed, either in whole or in part, as the case may be, then, the interest chargeable, if any, under sub-section (1) shall be reduced accordingly. Explanation [1].-Where, in relation to an assessment year, an assessment is made for the first time under section 147 or section 153A, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not be chargeable. The impugned order of the Assessing Officer furnished alongwith the appeal is the order dated 19th March, 2009 passed under Section 154/254/143(3) of the Income-tax Act, 1961. From a perusal of this order, it is not clear whether the refund was granted under Section 143(1) and then after the order under Section 143(3), the interest was charged or the refund was granted by vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
