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TMI Blog2016 (6) TMI 1029X X X X Extracts X X X X X X X X Extracts X X X X ..... ARIKH, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'A' (hereinafter referred to as ITAT) dated 06.09.2006 in ITA Nos. 2348/Ahd/2004 & 2349/Ahd/2004 for the Assessment Year 1995-96 and 1996-97 respectively, the revenue has preferred the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as such the issue involved in the present Tax appeals is now not res integra in view of the decision of the Honble Supreme Court in the case of Commissioner of Income Tax vs. Gujarat Fluoro Chemicals reported in (2013) 358 ITR 291 (SC) wherein the Hon'ble Supreme Court has held as under. "5. Since, there was an inordinate delay on the part of the Revenue in refunding the amount due to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... words, the interpretation placed is that the Revenue is obliged to pay an interest on interest in the event of its failure to refund the interest payable within the statutory period. 7. As we have already noticed, in Sandvik case (supra) this Court was considering the issue whether an assessee who is made to wait for refund of interest for decades be compensated for the great prejudice caused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g on behalf of the assessee not in a position to dispute the above and is not in a position to show and/or point out any contrary decision. 5. Having heard Shri Parikh, learned Counsel appearing on behalf of the Department and Mr. Shah, learned advocate appearing on behalf of the assessee and the question posed for consideration by us reproduced hereinabove and considering the decision of the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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