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TMI Blog2014 (1) TMI 1277X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest, and whose order contains no reference to any reason for the non-grant of the mandatory interest u/s.244A - the law clearly prescribing the same for being granted along with the refund – order set aside and the matter remitted back to the AO for fresh adjudication – Decided in favour of Assessee. - I.T.A. No.8592/Mum/2010 - - - Dated:- 24-7-2013 - Shri I. P. Bansal, JM And Shri Sanjay Arora, AM,JJ. For the Appellant : Shri Niranjan Govindekar Shri Madhav Khandelwal For the Respondent : Shri Girija Dayal ORDER Per Sanjay Arora, A. M. This is an Appeal by the Assessee agitating the Order by the Commissioner of Income Tax (Appeals)-2, Mumbai ('CIT(A)' for short) dated 16.09.2010, dismissing the assessee's appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pealable issue. He therefore declined to adjudicate the issue on merits, dismissing the assessee's appeal; rather advising it to, if aggrieved, move an application u/s.154 of the Act. 2.3 Placing on record a voluminous paper-book containing copies of judgments, he would further submit that the issue arising in the appeal is, in fact, squarely covered by a series of orders by the higher courts, as well as by the Tribunal. To begin with, he would take us through the decision by the hon'ble jurisdictional High Court in the case of Caltex Oil Refining (India) Ltd. vs. CIT [1993] 202 ITR 375 (Bom). The said decision stands rendered u/s.246 of the Act, which is para materia to section 246A of the Act where- under the appeals before the first ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he legal fiction of section 214(1A) is carried to its logical conclusion. The provision of section 244A(3), similarly, provides for the provisions of the Act to be applicable where there is a change, i.e., increase or decrease, in the interest u/s.244A consequent to a modification of assessment in appeal or revision or rectification, etc. The said decision being by the hon'ble jurisdictional high court, covering the issue squarely, was prayed for being followed, even as it was urged that the assessee relies on a number of other decisions, forming part of the paper-book. 3. The ld. DR, on the other hand, would rely on the orders by the authorities below. 4. We have heard the parties, and perused the material on record. The issue arising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arlier, it is the assessing authority who has to grant the said interest, and whose order contains no reference to any reason for the non-grant of the mandatory interest u/s.244A; the law clearly prescribing the same for being granted along with the refund. Under the circumstances, we only consider it fit and proper to, setting aside the impugned order, restore the matter back to the file of the A.O. to allow the assessee an opportunity to plead its case with reference to grant of interest u/s.244A; we having not examined the issue on merits at all, and who shall decide the same per a speaking order; the matter being appealable. We decide accordingly. 5. In the result, the assessee's appeal is allowed for statistical purposes. Order p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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