9911796707
TMI Blog2014 (1) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... ed judgment and order passed by the Income Tax Appellate Tribunal ('ITAT' for short) dated 14/12/2012 in ITA No. 2024/Ahd/2012 with respect to Assessment Year 2005-06 by which the Tribunal has dismissed the said appeal preferred by the revenue confirming the order passed by the CIT(A) dated 28/06/2012. 2. It appears that on finalization of the assessment proceedings by the Tribunal, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Department did not give the refund of Rs.1,30,00,000/- because of wrong assessment year mentioned by the assessee. It is submitted that therefore as it was the mistake on the part of the assessee, the assessee would not be entitled to the interest under Section 244A of the Act. 3. Being aggrieved and dissatisfied with the order passed by the Assistant Commissioner of Income Tax (OSD) Circle - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of the revenue has vehemently submitted that by passing the impugned orders and directing the Assessing Officer neither the CIT(A) nor the Tribunal had considered, whether the assessee and/or the Department was at fault. It is submitted that as such there was no delay attributed to the Department and, therefore, the assessee would not be entitled to the interest under Section 244A of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the matter and when the CIT(A) itself has observed that the interest under Section 244A of the Act should be considered in accordance with law and the said order has been confirmed by the Tribunal, apprehension on the part of the appellant is not well founded. While considering the question of interest under Section 244A of the Act, all the contentions, which are stipulated under Section 244A o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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