TMI Blog2024 (2) TMI 1335X X X X Extracts X X X X X X X X Extracts X X X X ..... A of the act till date of granting of refund. He has further held that in view of the observation of the honourable Supreme Court in [ 2006 (1) TMI 55 - SUPREME COURT] and the provisions of section 244A should be considered. Nothing was shown to us that how the learned AO is aggrieved when he is directed to recompute the interest by following the decision of the honourable Supreme Court and considering the provisions of the act. Further, coordinate bench decision has also been referred to. Section 244A of the Income Tax Act pertains to the payment of interest on refunds. It states that if the taxpayer is entitled to a refund, they shall be paid an additional interest amount as determined by the Act. According to assessee from the tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) read with section 254 of The Income Tax Act, 1961 (The Act) dated 26/3/2019 passed by The Deputy Commissioner Of Income Tax, Circle (2) (2) (1), Mumbai [ ld. AO] , was allowed with certain directions and therefore the learned AO is aggrieved and has preferred this appeal. 02. The learned AO has raised only ground that the learned CIT A has erred in directing the AO to adjust the refund granted first towards interest amount refundable and thereafter consider the balance amount of tax amount refundable which will lead to excess grant of interest contrary to the practice followed by the Department and the intention of the legislation and therefore the order of the learned CIT A is not sustainable in law. 03. The fact of the case s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee with respect to the amount of tax paid and. Of such tax paid and recompute the amount of interest under section 244A till date of granting of refund. The learned AO is aggrieved with appellate order is in appeal before us. 05. Firstly, the appeal is filed late and therefore a condition request was made by letter dated 10/4/2023 wherein it was mentioned that delay is because of pressing time for filing appeal before the honourable High Court different assesses simultaneous plea also having the timelines in the same. And therefore, it has resulted into filing of the appeal. The appeal is delayed by only 2 days. No objection is raised by the assessee; therefore, we condone the delay. 06. After hearing the parties, we find that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already refunded, taxes are to be reduced and from interest, interest granted is to be reduced for determining eligible amount for interest u/s 244A of the Act. According to assessee from the tax refund, nothing is to be reduced and tax and refund already determined should be reduced from interest refund, so that tax on which interest is eligible u/s 244A is always higher than the amount determined by the dl AO because tax amount eligible for interest would always be higher, resulting into higher interest out go. 09. Therefore, we do not find any merit in the appeal of learned AO as ld. AO is directed to verify the claim of assessee in accordance with law. Further, the ground of appeal raised is that if the order of the learned CIT A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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