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TMI Blog2021 (2) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the Hon'ble Division Bench of this Court in [ 2012 (6) TMI 902 - ITAT CHENNAI ] the matter is remitted back to the Income Tax Appellate Tribunal to decide the matter afresh in accordance with law. - Hon'ble Mr. Justice M. Duraiswamy And Hon'ble Mrs. Justice T.V. Thamilselvi For the Appellant : Mr.R.Venkatanarayanan For the Respondent : Mr.T.Ravikumar, Senior Standing Counsel JUDGMENT M.DURAISWAMY, J. The above appeal arises against the order dated 29.06.2012 passed by the Income Tax Appellate Tribunal A Bench in I.T.A.No.758/Mds/ 2012 in respect of the assessment year 2002-03. 2.It is the case of the appellant that they are engaged in the business of manufacture of brake assemblies and automobile components. For the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsider that as per provisions of Section 244A, where refund of any amount arises to the appellant out of advance tax/TDS/tax paid, the appellant is entitled to interest from the 1st day of April of the assessment year/date of payment to the date on which the refund is actually granted. The actual interest due to the appellant calculated strictly on the above basis amounts to ₹ 16,84,867/-. Aggrieved by the said order granting lesser interest, the assessee preferred an appeal to the CIT (Appeals) and the Appellate Authority by order dated 21.02.2012 rejected the contentions of the assessee holding that the interest under Section 244A is to be granted only if there is inordinate delay in the granting of refund. Aggrieved by the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o decide the appeals afresh in accordance with law. 6.The learned counsel appearing for the appellant submitted that the present appeal may also be remitted back to the Tribunal for fresh consideration. 7.Mr.T.Ravikumar, learned Senior Standing Counsel for the Department also submitted that in view of the judgment of the Hon'ble Division Bench of this Court dated 20.03.2019, the matter may be remitted back to the Tribunal for fresh consideration. 8.Having regard to the submissions made by the learned counsel on either side, following the judgment made by the Hon'ble Division Bench of this Court in T.C.A.Nos.813, 814, 816 to 819 of 2009, dated 20.03.2019, the matter is remitted back to the Income Tax Appellate Tribunal to decide the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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