TMI Blog2020 (7) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... g note of the extraordinary situation in the light of the COVID-19 pandemic and lockdown, the period of lockdown days need to be excluded. See case of DCIT vs. JSW Limited [ 2020 (5) TMI 359 - ITAT MUMBAI ]. - ITA No.6104/Mum/2018 - - - Dated:- 8-7-2020 - Shri C.N. Prasad, JM And Shri M. Balaganesh, AM For the Assessee : Shri Kirit Kamdar For the Revenue : Shri Manjunathaswamy, CIT DR ORDER PER M. BALAGANESH (A.M): This appeal in ITA No.6104/Mum/2018 for A.Y.1985-86 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-6, Mumbai in appeal No. CIT(A)-6/IT-54/2017-18 dated 29/08/2018 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s 254 of the Income Tax Act, 1961 (hereinafter referred to as Act) by the Asst. Commissioner of Income Tax 2(3), Mumbai (hereinafter referred to as ld. AO). 2. The only issue to be decided in this appeal is as to whether the assessee is entitled for interest u/s. 244(1A) of the Act on the refund of ₹ 23,91,54,333/- for the period 29/10/2013 to 21/11/2017 in the facts and circumstances of the case. 3. We have heard rival submissions and perused the materials available o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the ld. AO had finally adjusted the refund of ₹ 23,91,54,333/- against demand of A.Y.2009-10 raised on the assessee. These facts including the list of dates and events and the proceedings thereon are not controverted by the revenue before us. Now, the short point that arises for our consideration is whether the assessee is entitled for interest u/s.244 of the Act from the date of payment of taxes i.e.29/10/2013 and till the date such taxes were actually adjusted against the demand of some other assessment year i.e.21/11/2017. In other words, the issue to be decided by us is whether the assessee is entitled for interest u/s.244 of the Act for the period 29/10/2013 to 22/11/2017. It is not in dispute that the entire taxes were ultimately paid by the assessee on 29/10/2013 either by way of physical payment or by way of adjustment of refund as narrated hereinabove. We find that while giving effect to the order of the Tribunal order in the proceedings dated 21/11/2017 passed by the ld. AO, the ld. AO had finally determined the refund of ₹ 23,91,54,333/- which was ultimately adjusted against the demand of A.Y.2009-10. Hence, this is a case of assessee seeking interest o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so fixed shall be given on the notice board. 8. Quite clearly, ordinarily the order on an appeal should be pronounced by the bench within no more than 90 days from the date of concluding the hearing. It is, however, important to note that the expression ordinarily has been used in the said rule itself. This rule was inserted as a result of directions of Hon‟ble jurisdictional High Court in the case of Shivsagar Veg Restaurant Vs ACIT [(2009) 317 ITR 433 (Bom)] wherein Their Lordships had, inter alia, directed that We, therefore, direct the President of the Appellate Tribunal to frame and lay down the guidelines in the similar lines as are laid down by the Apex Court in the case of Anil Rai (supra) and to issue appropriate administrative directions to all the benches of the Tribunal in that behalf. We hope and trust that suitable guidelines shall be framed and issued by the President of the Appellate Tribunal within shortest reasonable time and followed strictly by all the Benches of the Tribunal. In the meanwhile (emphasis, by underlining, supplied by us now), all the revisional and appellate authorities under the Income-tax Act are directed to decide matters heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ril 2020 shall continue further till 15th June 2020 . It has been an unprecedented situation not only in India but all over the world. Government of India has, vide notification dated 19th February 2020, taken the stand that, the coronavirus should be considered a case of natural calamity and FMC (i.e. force majeure clause) maybe invoked, wherever considered appropriate, following the due procedure . The term force majeure has been defined in Black‟s Law Dictionary, as an event or effect that can be neither anticipated nor controlled‟ When such is the position, and it is officially so notified by the Government of India and the Covid-19 epidemic has been notified as a disaster under the National Disaster Management Act, 2005, and also in the light of the discussions above, the period during which lockdown was in force can be anything but an ordinary period. 10. In the light of the above discussions, we are of the considered view that rather than taking a pedantic view of the rule requiring pronouncement of orders within 90 days, disregarding the important fact that the entire country was in lockdown, we should compute the period of 90 days by excluding at le ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
