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Issues:
- Appeal against CIT(A)'s order for assessment year 1973-74. - Allowance of interest on interest under section 214. - Interpretation of statutory provisions for interest on interest. - Equitable grounds for granting interest on interest. - Cross Objection by the assessee regarding interest granted under section 214. Analysis: 1. The appeal was filed by the department against the CIT(A)'s order for the assessment year 1973-74, concerning the refund of excess advance tax paid by the assessee. The issue revolved around the allowance of interest on interest under section 214, specifically for the delay in refund processing. 2. The department argued that interest on interest is not permissible as there is no statutory provision in the Income-tax Act. They relied on the Bombay High Court's judgment in Sandvik Asia Ltd. v. CIT, where it was stated that interest on interest is not allowable. This raised a crucial question regarding the legal basis for granting interest on interest. 3. On the contrary, the assessee supported the CIT(A)'s order, citing the Supreme Court's decision in CIT v. Narendra Doshi and the Gujarat High Court's ruling in D.J. Works v. Dy. CIT. The assessee also referred to a previous decision by ITAT Jaipur Bench, emphasizing that various High Courts and the Supreme Court have held that interest on interest can be granted, based on legal precedence. 4. The Tribunal examined the arguments presented by both parties and reviewed the legal framework. It was observed that there is no explicit provision in the Income-tax Act for allowing interest on interest. The Tribunal referenced the Bombay High Court's analysis of the Supreme Court's decision in Narendra Doshi's case, highlighting the absence of a legal basis for granting interest on interest. 5. The Tribunal emphasized that the ITAT does not possess the authority to grant relief based on equitable grounds, as such powers are vested with the High Court and the Supreme Court under writ jurisdiction. Given the lack of statutory provisions and legal precedent supporting interest on interest, the Tribunal concluded that the assessee was not entitled to receive interest on interest. 6. Consequently, the Tribunal set aside the CIT(A)'s order and reinstated the Assessing Officer's decision regarding the disallowance of interest on interest. Additionally, the Cross Objection filed by the assessee, challenging the interest granted under section 214, was dismissed based on the assessment completed by the department up to the date in question.
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