9911796707
TMI Blog1986 (2) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee under section 154 of the Income-tax Act, 1961 ('the Act') claiming interest under section 244(1A) of the Act on refund of Rs. 2,50,000. The assessment year involved is 1980-81 and the order under appeal is dated22-6-1984 passed by the Commissioner (Appeals). 2. The necessary facts for purpose of deciding this appeal are that the assessee-company entered into a technical collabora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act passed on 28-3-1983 by the ITO, amount of tax to be deducted at source was reduced by Rs. 2,50,000 and the assessee was granted necessary refund along with ITNS-150A. The assessee did not appeal against the said order. Later, on 7-11-1983 an application under section 154 was moved for getting the order of 4-3-1983 rectified and it was stated that interest under section 244(1A) on refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to the memorandum of appeal, in which as many as 7 grounds are stated : (a) that refund of excess tax as determined by the order of the Commissioner (Appeals) dated 4-3-1983 should have been made alongwith interest ; and (b) that the first appellate authority erred is not considering the order under section 195 and the order thereon under section 250 as orders covered by section 244(1A). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arding interpretation of section 244(1A) with the help of section 195 certainly was beyond the scope of the provision under section 154. Shri Ganeshan in fairness accepted that he was on thin ice because the assessee's request for interest came by way of section 154 rectification application. By simply observing that the proposition convassed before us regarding the interpretation of section 244(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
