TMI Blog2018 (9) TMI 2054X X X X Extracts X X X X X X X X Extracts X X X X ..... count of double taxation relief interest without appreciating the fact that the assessee is not entitled for refund out of credit for DTR and hence no interest u/s 244A is allowable - HELD THAT:- As this tribunal in for assessment year 1999-2000 has cancelled the order passed by the ld. Commissioner of Income Tax u/s. 263 [ 2017 (7) TMI 1402 - ITAT MUMBAI] - Since the ITAT has quashed the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the circumstances of the case and in law, the Ld. CIT(A) has erred in directing the Assessing Officer to adjust the refund granted, first towards interest amount refundable and thereafter consider the balance against the tax amount refundable which will lead to excess grant of interest, contrary to the Legislative provision and law which is regularly followed by the Department. 2. On the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... count of interest on securities was made and allowed. 3. At the outset, it is noted that the impugned order of the ld. Commissioner of Income Tax (Appeals) in this case was passed upon the Assessing Officer s order dated 30.07.2012 which was an order giving effect to the ld. Commissioner of Income Tax s order u/s. 263 of the Income Tax Act, 1961. 4. Upon hearing both the counsel and perusing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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