9911796707
TMI Blog2021 (12) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... eing aggrieved by the order passed by the Learned Commissioner of Income-tax (Appeals) - 24, Mumbai (hereinafter referred to as "the CIT(A)") your Appellant submits, among others, following grounds for your sympathetic consideration:- 1. On the facts and in law, the Ld. CIT(A) erred in confirming the order of the Ld. Assessing Officer denying interest allowable to the Appellant Company u/s 244A on the self-assessment/regular tax of Rs. 50 lakhs paid by the Company. Hon'ble CIT(A), while rejecting interest claimed by Appellant, erred in considering the order passed by the AO as rectification order u/s 154 whereas the Ld. AO had in fact passed order giving to the order of the Hon'ble CIT(A). 2. The Appellant further prays that int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 04.02.2010 directed the A.O to verify the facts and grant interest u/s 244A of the Act, as per law. 4. The A.O vide his order u/s 154, dated 08.03.2018, therein, inter alia, declined the assessee's claim for grant of interest on the amount of the self- assessment tax. 5. Aggrieved, the assessee assailed the aforesaid impugned order passed by the A.O u/s 154, dated 08.03.2018 i.e the Order Giving Effect (OGE), dated 08.03.2018 (which is claimed by the assessee to have been wrongly mentioned by the A.O as an order u/s 154) before the CIT(A). It was the claim of the assessee company before the CIT(A) that the A.O had on the basis of misconceived and incorrect facts failed to give effect to the directions of the order of the CIT(A), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) has carried the matter in appeal before us. It was submitted by the ld. Authorized Representative (for short 'A.R') for the assessee that both the lower authorities had proceeded on the basis of absolutely misconceived and incorrect facts. It was submitted by the ld. A.R that as the A.O while disposing off the assessee's application for rectification u/s 154 of the Act, vide his order dated 07.03.2002 had failed to grant interest on the self-assessment tax of Rs. 50 lac, therefore, the assesse had assailed the said order before the CIT(A). It was submitted by the ld. A.R that the CIT(A) vide his order dated 04.02.2010 had restored the matter to the file of the A.O with a direction to him to verify the facts and grant interest u/s 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf-assessment tax had remained un-adjudicated. 7. Per contra, the ld. Departmental Representative (for short 'D.R') relied on the orders of the lower authorizes. 8. We have heard the ld. Authorized Representatives for both the parties, perused the orders of the lower authorities and the material available on record. As is discernible from the records, the assessee had filed an application u/s 154 of the Act, wherein, it had, inter alia, sought credit for the amount self- assessment tax of Rs. 50 lac that was omitted to be given in the intimation issued by the department u/s 143(1)(a), dated 30.03.1998. Although, the A.O vide his order u/s 154, dated 07.03.2002 had allowed credit of the self-assessment tax of Rs. 50 lac (supra), however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. A.R that both the lower authorities had proceeded on the basis of misconceived and incorrect facts. As stated by the ld. A.R, and rightly so, the A.O instead of giving effect to the directions that were issued by the CIT(A), vide his order dated 04.02.2010, wherein he was directed to verify the facts and grant interest u/ 244A as per law, had instead passed an order u/s 154 of the Act, dated 08.03.2018. On a perusal of the order passed by the A.O u/s 154, dated 08.03.2018 [which is a supposedly the order passed by him giving effect to the order of the CIT(A), dated 04.02.2010], we find, that he despite having been specifically directed by the CIT(A) to verify the facts and grant the interest u/s 244A as per law, however, had failed to gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income-tax Act. 2.2.1 The A.O is directed to verify the facts and grant of the interest u/s 244A as per law." At this stage, we may herein clarify that the assessee shall in the course of the set-aside proceedings remain at a liberty to substantiate its entitlement for interest u/s 244A on the amount of the self-assessment tax of Rs. 50 lac. As we have restored the matter to the file of the A.O for re-adjudication, therefore, we refrain from adverting to the contentions advanced by the ld. A.R as regards the merits of the case. Accordingly, the impugned order passed by the CIT(A) is set- aside to the file of the A.O in terms of our aforesaid observations. The Grounds of appeal Nos.1 & 2 are allowed for statistical purposes in terms of o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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