2011 (3) TMI 1685

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..... Member) This is Revenue s appeal against the order of Commissioner of Income-tax(Appeals)-XVI, Ahmedabad in appeal No.CIT(A)XVI/AC. Cir.10 /112/2006-07 dated-8-12-2008 for the assessment year 1993-94. 2. The Revenue has taken the following ground:- 1. The Ld. CIT(A) erred in law and on facts in granting interest u/s.244A on the refund though the refund is not arising due to payment of .....

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..... nt of Madras High Court on this issue in the case of Cholamndal Inv Finance Co. Ltd. Reported in 294 ITR 438 (Mad). As per this judgment there is nothing in section 244A which says that interest u/s.244A would not be granted in respect of excess payment of self assessment tax. There is no judgment of any High Court or even Tribunal in support of the view taken by the Assessing Officer. Fur .....

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..... ssee is entitled to interest u/s.244A on self-assessment tax payment by placing reliance on the decision of Hon ble Madras High Court in the case of CIT v. Cholamandalam Investment Finance Co. Ltd. (2007) 294 ITR 438 (Mad) and other decision of Hon ble Tribunal Mumbai Bench and also in view of the fact that the issue is also covered by the Hon ble jurisdictional High Court in the case of Guja .....

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