TMI Blog2019 (2) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... ch filing of statement in Form- 29B. Hence, the date of filing of Form-29B cannot at all be relevant for attributing delay on the part of the assessee for processing of refund. Now, the question arises as to clause (b) as we extracted from the impugned order hereinabove. Admittedly, the assessee had filed the original return on 29.10.2002, which was processed and a refund of ₹ 86,333/- issued on 15.05.2003. Subsequently, revised return was filed on 22.03.2004 claiming a refund of ₹ 1,71,76,655/-. Hence, necessarily, the refund as now ordered by the AO can only relate back to the date of filing of the revised return. The delay in claiming the enhanced refund can only be attributable to the assessee and the same was claimed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not the final decision perverse insofar as the fact adjudication is concerned ? 2. The issue arises in the assessment year 2002-03. The original return of the assessee was filed on 29.10.2002 and a revised return on 22.03.2004. The assessee was issued with an order dated 03.08.2006 computing refund at ₹ 34,53,882/-. There was no interest computed under Section 244 and hence the assessee filed an application under Section 154, which was considered and Annexure-B order was passed computing the interest from 1.4.2002 to 31.10.2006, on which later date the entire refund was effected. 3. Subsequently, an assessment was completed under Section 143(3) read with Section 147; which order is produced as Annexure-C. The tax payable w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest was found to be running only from 02.08.2006 since Form-29B (MAT computation statement) as required under Section 115JB(4) was filed on 02.08.2006. Later in the order it was found that such statement was filed on 07.09.2006. It was hence that Annexure-J confined the interest @ 0.5% between 08.09.2006 to 31.10.2006. The first appeal and the second appeal before the Tribunal went against the assessee and hence the assessee is before us raising the aforesaid questions of law. 6. Sri.Joseph Markos, learned Senior Counsel for the assessee, would contend that there is no question of any delay attributable to the assessee, since the MAT under Section 115JB has to be computed by the AO as available from the books of accounts, the profit a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while granting refund, the CIT declined interest up to 10.01.2001, the date on which the assessee had raised a claim for bad debts before the AO in the course of the assessment proceedings. A Division Bench of this Court found that there is no provision in the Act which restricts the interest up to the time when a deduction is claimed, which is not originally claimed in the return. It was hence the assessee therein was granted full interest as computable under Section 244. 9. In the present case, the assessee had filed Forum-29B only on 07.09.2006. However, the question is as to whether in carrying out verification under Section 143(1) and processing the refund, the existence of Form-29B is essential or not. In the present case, though F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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