TMI Blog2018 (10) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... iled by the assessee. The assessee is directed to file the necessary computations / details in this regard. Needless to add that the assessee shall not be entitle for any interest on interest, whatsoever, in terms of the cited decision of COMMISSIONER OF INCOME TAX, GUJARAT VERSUS GUJARAT FLOURO CHEMICALS [2012 (8) TMI 740 - SUPREME COURT] Interest u/s 244A for the month of payment of tax or granting of refund has not been provided to the assessee as against specific provisions for the same in Rule 119A - AO is directed to consider the same in the light of Rule 119A. This ground for both the years stand allowed for statistical purposes. Not set off correct amount of brought forward losses as finally ascertained consequential to the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest u/s 244A as computed in the order sheet involved issues both in law and on facts, the CIT(A) ought to have adjudicated the issue even when the rectification petition was pending. 3. The CIT(A) failed to note that AO had while computing interest u/s 244A wrongly segregated the refund granted into tax refund and interest refund and adjusted the tax refund from tax refund due and interest refund from interest refund due instead of adjusting the entire refund granted first against the interest refund due and thereafter against the tax refund due. The grounds raised by revenue in cross objection reads as under: - The ground of appeal filed by assessee has become infructuous in view of the fact that the Hon ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Ld. CIT(A) are extracted here-in-below:- 3. The only ground raised in this appeal is that the Assessing Officer hs not computed correct amount of interest u/s. 244A. In this regard, it is noted that the Assessing Officer has not discussed this issue in the order and hence same does not arise from it. However, appellant submitted that an application u/s 154 dated 09.12.2016 raising the same issue, has been filed by it in the office of the Assessing Officer, which is pending. IT was requested that suitable directions may be issued to the Assessing Officer in this regard. Request of the appellant is quite reasonable. Accordingly, the Assessing Officer is directed to dispose of the appellant s petition u/s 154 expeditiously. The is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as cross-objections stands allowed for statistical purposes. ITA Nos. 1826 to 28/Mum/2017 CO Nos.212-14/Mum/2018, AYs 2007-08, 2009-10 2010-11 5.1 The assessee and revenue are similarly aggrieved in these two AYs and raised identical worded grounds. There being no change in facts or circumstances, taking the same view, the Ld. AO is directed to dispose-off the same on similar lines. The grounds raised in this respect under the appeal as well as cross-objections stands allowed for statistical purposes. 5.2 The assessee, in AYs 2007-08 2010-11, by way of ground number 4.1 3.1 respectively, is also aggrieved by the fact that interest u/s 244A for the month of payment of tax or granting of refund has not been prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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