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TMI Blog2012 (7) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... 94 respectively to date of grant of refund and in the case of tax paid after assessment from the date of payment of such tax to the date of grant of refund - remit the case back to the file of the AO with the direction to re - calculate the interest - in fvavour of assessee as directed. - I.T.A. No.3059 & 3060/Del/2007 - - - Dated:- 15-6-2012 - SHRI R.P. TOLANI, AND SHRI T.S. KAPOOR, JJ. Appellant by : Shri Piyush Kaushik, Advocate. Respondent by : Shri Umesh Chand Dube, Sr. DR. ORDER PER TS KAPOOR, AM: These appeals of the assessee are against the two separate order of Ld CIT(A) I, Dehradun both dated 27.9.2006 in respect of both years. The grounds taken by the assessee in both years are common except the dif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since August, 2003 along with interest on unpaid interest of Rs. 111,090/- till the actual date of grant of refund as per the decision of Apex Court in the case of Sandvik Asia Ltd. v CIT 280 ITR 643 the CBDT Instruction No.2/2007 dated 28.3.2007 on grant of interest on refunds u/s 244A of the Act. The above grounds are independent and without prejudice to each other. That the appellant craves leave to add to and / or amend modify or withdraw the grounds outlined above before or at the time of hearing of the appeal. 2. The brief facts of the case are that the appellant is a liquor vendor and had filed return of income for the assessment years 1993- 94 1994-95 claiming refund in both years. The Department issued refund in both the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. The Ld CIT(A) after hearing the submissions of Ld AR rejected the appeal of the assessee. The relevant portion of Ld CIT(A) s order is reproduced below:- I have gone through the order of Assessing Officer and the submissions of AR very carefully. I have also gone through the case record. I have also gone through the case laws cited by the appellant in the case of Modi Industries v. CIT in Civil Appeal No.5550 5551 of 1990. During the course of appeal proceedings, the Ld AR also brought to our notice the decision of my predecessor in the case of ONGC as representative assessee of M/s Halliburton Energy Services for assessment year 1997-98 order dated 10.4.2003. I am however enable to agree with the submission of appellant. I find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ook us to page 7 of paper book where a judgment of Hon'ble Supreme Court in the case of Sandvik Asia Ltd. v. CIT 280 ITR 643 was placed. He invited our attention to the highlighted portion which read as under:- Once the interest becomes due it takes the same colour as the excess amount of tax which is refundable on regular assessment. 7. The Ld DR argued that due refund was given to assessee and there is no pending refund and he relied upon the order of ld CIT(A). 8. We have heard the rival submissions of both the parties and have gone through the material available on record. From the facts of the case, it appears to be a simple case of calculation of interest on refund due as per the provisions of law. We have noted that Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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