TMI Blog2011 (1) TMI 1574X X X X Extracts X X X X X X X X Extracts X X X X ..... cted against the order of the ld. CIT(Appeals)-IV, Kochi, dated 11-11-2008, relating to the assessment year 1997-98. This appeal is for the claim of interest on refund. 2. The facts relevant are that the assessee claimed refund on tax by filing a delayed return of income. The Hon ble High Court vide its judgment dated 26th November,2007 has condoned the delay in filing the return and finally he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assist.Commissioner of Income-tax, the matter was carried in appeal before the CIT(Appeals), who upheld the findings of the Assessing Officer. Hence, the assessee is on second appeal before the Tribunal. 4. The argument of the ld. counsel for the assessee is that once the delay has been condoned, later on it cannot be held that the return is not a valid return and that the refund became due it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the precedence. The quantum of refund is not in dispute. Only the interest on such refund alone is the dispute before us. In principle, as held by the Hon ble Supreme Court in the case of CIT vs. Narendra Doshi reported in 254 ITR 606 interest upon interest is to be paid. Hence, we have to see whether the interest is consequential to the refund or the reasons attributable by the partie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cally provides and empowers that such a question arises as to the period to be excluded. It shall be decided by the Chief Commissioner or Commissioner and that decision shall be final. In this view of the matter, we set aside the order of the lower authorities and remit this issue back to the file of the Assessing Officer, who will decide in accordance with Explanation (2) to section 244A(b) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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