TMI Blog2017 (4) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... There is no error or infirmity in the order of the ld.CIT(A) in directing the Assessing Officer for allowing the payments already made during the previous year relevant to the assessment year, hence, no interference is required. - Decided against the revenue. - ITA No. 305/VIZ/2016, C.O.No.45/VIZ/2016 - - - Dated:- 19-4-2017 - SHRI V. DURGA RAO, HON BLE JUDICIAL MEMBER SHRI G. MANJUNATHA, HON BLE ACCOUNTANT MEMBER For the Assessee- Shri C.V.S. Murthy FCA. For the Department- Shri M.N. Murthy Naik Sr. DR ORDER PER V. DURGA RAO, JUDICIAL MEMBER This appeal filed by the Revenue and the Cross Objection filed by the assessee are directed against the order of Commissioner of Income Tax (Appeals)-1, Visakhapatnam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench, ITAT, Visakhapatnam in the case of Merilyn Shipping Transports Vs. ACIT (136 ITD 23). 7. We have heard both the sides, perused the material available on record and orders of the authorities below. 8. The ld. CIT(A) by considering the decision of coordinate bench in the case of Mukundara Engineers Contractors (supra) and also in the case of assessee itself for the Assessment Year 2008-09, directed the Assessing Officer to allow the payments already made during the previous year relevant to the assessment year. For the sake of convenience, relevant portion of the order is extracted here under: - 6.3 I have carefully onsidered the above. I have also perused the decision of the Hon'ble ITAT, Vizag Bench relied on by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e processing the return of income, refund of ₹ 4,56,970/- along with interest under section 244A of ₹ 47,131/- was issued to the assessee. The Assessing Officer further noted that the amount of refund is less than 10% of the tax of ₹ 59,46,478/- and hence, assessee was not entitled for interest under section 244A of the Act. In view of the above, the Assessing Officer withdrew the impugned interest amount of ₹ 47,131/-. 11. On appeal, ld. CIT(A) confirmed the order of the Assessing Officer by observing that the Assessing Officer withdrew the interest mistakenly granted earlier under section 244A of the Act while processing the return under section 143(1) on the ground that refund is less than 10% of the tax li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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