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TMI Blog2016 (1) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... ranted to the assessee from 1st day of assessment year in accordance with Section 244A of the Act and not from the date of filing of TDS certificates with the Revenue. The facts in the instant appeal before us are identical to the facts before Hon'ble Bombay High Court in the case of Larsen and Toubro Limited(supra) and the Revenue has not contradicted the same before us. Respectfully following the same, we reject the contentions of the Revenue and dismiss this appeal by directing the AO to grant interest on refund due to the assessee company on account of excess TDS claim wef 01- 04-2004 and not from the date of submissions of TDS certificates by the assessee company - Decided in favour of assessee. - ITA No. 4236/Mum/2014 - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duly claimed the afore-stated credit of the TDS in the return of income filed with the Revenue. The order u/s 154 of the Act was passed by the AO on 18-4-2011 which was challenged by the assessee company before the CIT(A) who accepted the contentions and the claim of the assessee company that the assessee company is entitled for interest w.e.f. 1st day of assessment year i.e. 1-4-2004 in the instant case in accordance with Section 244A of the Act on refund computed under the Act on account of TDS claimed by the assessee company being in excess of the tax computed to be payable under the Act , and not from the date of submission of the TDS certificate although there was delay from the side of the assessee company in filing the said TDS cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Larsen Toubro Ltd. (supra) has categorically held that the assesse is entitled to interest on TDS due to the assessee even if the TDS certificates have been filed late if the tax was deducted and deposited with the exchequer in time, the interest has to be granted to the assessee from 1st day of assessment year in accordance with Section 244A of the Act and not from the date of filing of TDS certificates with the Revenue. The facts in the instant appeal before us are identical to the facts before Hon'ble Bombay High Court in the case of Larsen and Toubro Limited(supra) and the Revenue has not contradicted the same before us . Respectfully following the same, we reject the contentions of the Revenue and dismiss this app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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