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2016 (2) TMI 670

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..... ided in Commissioner of Income Tax-2, Mumbai Versus M/s. Tata Power Company Ltd. [2015 (8) TMI 87 - BOMBAY HIGH COURT] both the CIT(A) and the Tribunal have on examination of facts correctly held that when a refund of tax has to be reduced by refund already granted it is only the tax element which has to be adjusted and not the interest element paid on the delayed refund of the tax. This is so as .....

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..... tions from the common order dated 3rd July 2013 is on board. Therefore, at the request of counsel, Income Tax Appeal No.194 of 2014 is heard alongwith Income Tax appeal No.2297 of 2013. 2. Both these Appeals under section 260A of the Income Tax Act 1961 (Act) challenges the common order dated 3rd July 2013 of the Income Tax Appellate Tribunal relating to Assessment Years 2002-03 and 2005-06 res .....

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..... endered on 6th March 2013 while dismissing the Revenue's Appeal before it. 5. The Revenue challenged the order dated 6th March 2013 of the Tribunal for the AY 1997-98 in this Court being Income Tax Appeal No.1560 of 2013 on identical question as raised herein. This Court by an order dated 7th July 2015 refused to entertain the Revenue's Appeal being Income Tax Appeal No.1560 of 2013 fro .....

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