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TMI Blog2017 (1) TMI 1779X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant by : Shri Ritech Khandelwal Respondent by : Shri Milind Rajguru ORDER PER BENCH Aforesaid appeals by the assessee are directed against separate orders passed by the learned Commissioner (Appeals)-12, Mumbai, for the assessment year 1999-2000 and 2000-01. 2. Since both these appeals pertain to the same assessee, involving common issue and arising out of identical set of facts an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce to the order of the Tribunal, deleting penalty, refund of Rs. 7,75,68,000 become due to the assessee. The refund was ultimately granted to the assessee vide refund voucher dated 20th May 2011. While granting refund, the Assessing Officer had computed interest under section 244A of the Act till December 2010. The assessee, therefore, moved an application under section 154 of the Act claiming in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough, the Department challenged the decision of the Tribunal, Lucknow Bench, before the Hon'ble Allahabad High Court, however, the Hon'ble High Court upheld the order of the Tribunal. He, therefore, submitted, assessee's claim for interest on delayed payment of refund should be allowed till the date of issuance of refund voucher on 20th May 2011. 6. Learned Departmental Representative agreed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer to allow interest on refund under section 244A of the Act till the date of issuance of refund voucher on 20th May 2011. The issue being identical in assessment year 2000-01, our aforesaid order will apply mutatis mutandis to the said assessment year and the Assessing Officer is directed to allow refund of interest accordingly. Grounds no.1 and 2 for both the assessment years ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td., had observed that the decision to grant interest therein was upon considering the fact that there was inordinate delay on the part of Revenue in refunding certain amounts which included statutory interest. However, Hon'ble Supreme Court held, after insertion of section 244A, which provides for interest on refund under various contingencies, the assessee is entitled to claim interest as pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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