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TMI Blog2021 (3) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... ience and brevity; and are hereby disposed off through this Consolidated Order. Grounds taken in these six appeals of Assessee as well as Revenue are as under: ITA No.- 469/Del/2014 "1.0 That the CIT(Appeals) erred on facts and in law in not rectifying the errors committed by the Assessing Officer in computing the interest under Section 244A of the Income Tax Act, 1961. The appellant prays leave to add, amend, alter, delete or forego any of the grounds either before or during the course of hearing." ITA No.- 470/Del/2014 "1.0 That the CIT(Appeals) erred on facts and in law in not rectifying the errors committed by the Assessing Officer in computing the interest under Section 244A of the Income Tax Act, 1961. The appellant p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That the order of the Ld. CIT(A) is erroneous and is not tenable on facts and in law. 4. That the grounds of appeal are without prejudice to each other. 5. That the appellant craves leave to add, alter, amend or forgo any ground(s) of appeal either before or at the time of hearing of the appeal." ITA No. - 601/Del/2014 "1. Whether on the facts and circumstances of the case & in law, the Ld. CIT(A) erred in directing the A.O. to allow interest u/s 244A to the assessee for the month in which payments /adjustments were made on the last day of the month? 2. Whether on the facts and circumstances of the case & in law, the Ld. CIT(A) erred in holding that few hours of the day constitute part of the month whereas for constituting pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds of appeal are without prejudice to each other. 7. That the appellant craves to add, amend or forgo any ground(s) of appeal either before or at the time of hearing of the appeal." (B) In all these six appeals, three appeals filed by Revenue and three appeals filed by the Assessee; the disputes pertain to the sole issue of interest under Section 244A of Income Tax Act, 1961 ("I.T. Act", for short) payable by Revenue to the assessee. Vide impugned appellate order each dated 29.11.2013, of the Ld. CIT(A) for Assessment Years 1995-96, 1996-97, and 1997-98 respectively, the Ld. CIT(A) expressed the view that interest should be given to the assessee under Section 244A of I.T. Act for the full month even if tax is paid by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 of Co-ordinate Bench of ITAT, Delhi in ITA No. 2641/Del/2013 which is reproduced as under: "65. The AO did not allow interest to the assessee on the amounts of tax paid on 31.01.2003 and 28.02.2003 on the grounds that a few hours cannot be construted as part of a month. The AO held that in order to qualify as part of the month at least one entire day should have been completed. 66. The ld. CIT(A) referred to the analogy provided u/s 234A, Sec. 234B & 234C wherein similar phrase has been used. Based on the phraseology, the ld. CIT(A) held that while interest is charged from the assessee when the date changes to the next day, similarly, the assessee is also eligible for receipt of interest when the date changes. Hence, it was held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sides are agreement that in identical facts and circumstances the issue in dispute has already been decided in favour of assessee in assessee's own case in aforesaid order dated 31/08/2020; the appeals of Revenue vide ITA Nos.- 600/Del/2014, 601/Del/2014 and 602/Del/2014 are dismissed. We direct the Assessing Officer to allow interest under Section 244A of I.T. Act to the assessee to the entire month even when payments / adjustments were made on the last day of the month. Accordingly all the three appeals filed by Revenue are dismissed. (C) In the appeals filed by the Assessee vide ITA Nos. 469/Del/2014, 470/Del/2014 and 471/Del/2014 for Assessment Years 1995-96, 1996-97 and 1997-98 respectively; the assessee has sought rectification of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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