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TMI Blog2014 (5) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent : Mr. Pitamber Das ORDER Per Bench The present appeals have been preferred by the assessee challenging the impugned separate orders of even date 13th September 2011, passed by the learned Commissioner (Appeals)-XX, Mumbai, for the assessment year 2001-02 to 2005-06 respectively. Since all these appeals pertain to the same assessee involving common issue arising out of identical set of fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest on refund was not granted on time, therefore, they are entitled to interest on interest. The learned Commissioner (Appeals) has decided this issue against the assessee on the ground that there is no provision under the Income Tax Act, 1961, for providing interest on interest. Against this finding of the learned Commissioner (Appeals), the assessee has preferred these appeals. He submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich can alone be claimed by the assessee, and not any other interest on statutory interest. Accordingly, the matter should be restored back to the file of the Assessing Officer to compute interest in accordance with the decision of the Hon'ble Supreme Court. The learned Departmental Representative too agreed with this proposition. 3. After considering the decision of the Hon'ble Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05-06 and restore the issue back to the file of the Assessing Officer, who shall compute the interest which is allowable under section 244A. And in accordance with the judgment of the Hon'ble Supreme Court, grant interest which the assessee is entitled to. Thus, the ground raised by the assessee in all the years under appeal is treated as allowed for statistical purposes. 4. In the result, as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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