9911796707
TMI Blog2011 (3) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, clear that interest liability would be only for the period the department was deprived of the amount of tax which it was entitled to recover i.e. the period between the refund in pursuance of order of Tribunal and recovery as per order of this Court. - Decided against the assessee - 88 of 2003 - - - Dated:- 21-3-2011 - MR.JUSTICE ADARSH KUMAR GOEL, MR.JUSTICE AJAY KUMAR MITTAL, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t dated 1.10.1997 passed in ITR No.121 of 1996 in the assessee's case? ii) Whether, on the circumstances of the case, the ld. ITAT was right in law in allowing interest u/s 214/244(1A) of the Income-Tax Act, 1961, when as a result of revival of assessment order annulled by the ld. ITAT, the assessee was not entitled for any refund? 3. The assessee filed its return declaring loss but the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the order of the I.T.A.T. dated 28.10.1994 (supra) refunded the tax paid by the assessee but denied the interest on the aforesaid refund. The Hon'ble jurisdictional High Court in the case of Deep Chand Jain Vs. I.T.O.(supra), held that the advance-tax collected from the petitioner had to be related to a final assessment order and since no final assessment order could be passed, the same havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 676 was distinguishable as therein demand was set aside on the ground that no assessment had been made. In the present case the assessment was upheld by this Court. Ignoring order of this Court, it has been held that the assessment was barred by limitation. Thus, the Tribunal erred in holding the recovery to be illegal. 6. Learned counsel for the assessee has not been able to support the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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