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TMI Blog2018 (11) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... as rightly been adjudicated in favour of the assessee by CIT(A). The issues are squarely covered by the decision of the assessee’s own case [2011 (1) TMI 1536 - ITAT MUMBAI]. No distinguishable facts and law have been produced before us by revenue from deviating the finding of the CIT(A). We uphold the finding of the CIT(A) on these issues and decide these issues in favour of the assessee against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the case and in law. the Ld. CIT (Appeal) failed to appreciate that as per the provision of section 244A, the assessee will the entitled to simple interest, whereas the direction given by the Ld, CIT(A) is contrary to the provision. 3. For these and other grounds that may be urged at the time of hearing, the decision of the C1T(A) may be set aside and that of the AO be restored, 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 244A of the Act was worked out which was not acceptable to the assessee, therefore, the assessee filed an appeal before the CIT(A) who allowed the claim of the assessee, therefore, Revenue has filed the present appeal before us. ISSUE Nos. 1 2:- 4. Under these issues the revenue has challenged the decision of the Hon ble CIT(A) on the basis of this fact that the assessee was only ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (out of any tax paid by way of advance tax or tax deducted at source) becomes due to the assessee under the provisions of the Act, the assessee shall be entitled to receive (in addition lo the refund of tax) simple interest calculated at the prescribed rate (per month) (this rate has changed from time to time) for every month or part of a month, comprised in the period from the 1st day of April of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gure for the present working of interest u/s 244A of the Act. The matter of controversy has rightly been adjudicated in favour of the assessee by CIT(A). The issues are squarely covered by the decision of the assesee s own case mentioned above. No distinguishable facts and law have been produced before us by revenue from deviating the finding of the CIT(A). Therefore, in the said circumstances, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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