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2012 (4) TMI 798

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..... ESH KUMAR AGARWAL, J.M. These three appeals preferred by the assessee are directed against the separate orders dated 19-2-2010 for assessment years 1996-97 and 1997-98 and dtd. 15-3-2010 for A.Y. 2002-03 passed by the ld. CIT(A). Since facts are identical and issue involved is common, all these appeals are disposed of by this common order for the sake of convenience. 2. The common ground taken .....

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..... me Tax 1961 (the Act) has not been allowed till the issue of refund voucher. On appeal, the ld. CIT(A) held that the appellant is not entitled to interest on interest u/s 244A of the Act as there is no provisions in Income-tax Act by which the authorities can grant such compensation and accordingly rejected the claim of the assessee. 4. At the time of hearing, the ld. Counsel for the assessee sub .....

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..... ng the same. She, therefore, submits that the order passed by the ld. CIT(A) be upheld. 6. We have carefully considered the submissions of the rival parties and perused the material available on record. We find that the facts are not in dispute in asmuch as it is also not in dispute the A.O. has not granted the interest u/s 244A upto the date of issue /receipt of refund. 7. In Sandvik Asia Ltd. .....

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..... ble Supreme Court in the case of Sandvik Asia Ltd. (supra). 10. Respectfully following the authoritative pronouncement of the Hon'ble Supreme Court in H.E.G. Ltd. (supra) we are of the view that all the decisions relied on by the Revenue are distinguishable and not applicable to the facts of the present case. This being so we direct the A.O. to allow the interest u/s 244A in accordance with the de .....

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