2016 (8) TMI 1398

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..... assed by Ld CIT(A)-4, Mumbai and it relates to the assessment year 2005-06. 2. This appeal has been preferred by the assessee before the Ld CIT(A) against the order passed by the AO to give effect to the order passed by the first appellate authority. After giving effect, the total income became a negative figure and hence the AO assessed the total income by adopting book profit computed u/s 115JB .....

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..... . The next issue contested by the assessee relates to the granting of interest u/s 244A of the Act. The Ld A.R submitted that the assessee has been receiving refunds upon passing of orders by the appellate authorities or upon passing of orders u/s 154 of the Act. The Ld A.R submitted that the AO has made adjustment of refund (consisting of tax and interest) already granted against the refund of ta .....

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..... h examination at the end of the AO. In the decisions relied upon by the assessee, the Tribunal has followed the decision rendered by Hon'ble Delhi High Court in the case of India Trade Promotion Organisation Vs. CIT (361 ITR 646) and accordingly given direction to the AO to follow the said decision. Consisted with the view taken by the Tribunal, we restore this issue to his file with the direction .....

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