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TMI Blog2022 (3) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... ITAT DELHI ] the Tribunal has directed the AO to grant interest to the Assessee under Section 244A of the Income Tax Act w.e.f. 01/04/2003 to 24/03/2006 . There was no direction to pay either interest on interest or to pay composition for late payment of interest and the said Order of the Tribunal reached finality. Therefore the Order of the Tribunal in Assessee s own case [ 2018 (1) TMI 86 - ITAT DELHI ] is not applicable to the facts and circumstances of the present Appeal. - Decided against assessee - I.T.A. No. 3739/DEL/2019 - - - Dated:- 7-3-2022 - Shri B. R. R. Kumar, Accountant Member And Sh. Yogesh Kumar Us, Judicial Member For the Appellant : Sh. Pradeep Dinodia, CA, Sh. V.P. Gupta, Adv And Sh. Anunav Kumar, Adv For the Respondent : Sh. Kumar Parnav, Sr. DR ORDER PER YOGESH KUMAR U.S, JM This appeal is filed by the assessee against the order dated 15/04/2019 passed by the CIT (A)-3, New Delhi for Assessment Year 2003-04. 2. The brief facts of the case that, the appellant had claimed refund of ₹ 3,78,20,187/- in the ITR filed and on completion of the assessment u/s 143(3) of the IT Act, a demand of ₹ 18,73,53,452/- was determ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the CIT(A) erred in passing the order dated 15.04.2019 in appeal of the appellant company without fully discussing the contentions and case law submitted by the company vide its written submissions and, therefore, order is bad in law as it has been passed with a prejudiced mind. 3. That the CIT(A) erred in holding that interest u/s 244A of the Act is not allowable on the delay in granting the interest amount of ₹ 93,44,160/- which ought to have been allowed to the appellant on 10.06.2013 but was granted only on 04.05.2018 pursuant to order of ITAT dated 29.12.2017 without appreciating that in terms of section 244A interest is allowable on the amount of refund, including the interest, if same has remained with the Government 4. That the CIT(A) also erred in wrongly relying on the judgement of Hon ble Supreme Court in the case of CIT v. Gujarat Fluoro Chemicals (2013) 358 ITR 291 (SC) without appreciating that as per the aforesaid judgement also interest was duly allowable as per statutory provisions and in accordance with provisions of section 244A of the Act interest was duly allowable on the amount of refund and this position has also been duly upheld by the Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.3. These provisions, apart from being complicated, left certain gaps for which interest was not paid by the Department to the assessee for money remaining with the Government. To remove this inequity, as also to simplify the provisions in this regard, the Amending Act, 1987, has inserted a new section 244A in the Income-tax Act, applicable from the assessment year 1989-90 and onwards which contains all the provisions for payment of interest by the department for delay in the grant of refunds. The rate of interest has been increased from the earlier 15 per cent per annum to 1.5% per month or part of a month comprised in the period of delay in the grant of refund. The Amending Act, 1987, has also amended sections 214, 243 and 244 to provide that the provisions of these sections shall not apply to the assessment year 1989-90 or any subsequent assessment years. 11. The Ld. Counsel has also relied on the several judgments and orders including assessee s own case for the assessment years 2005-06 and 2009- 10 in ITA No. 5221 and 5222/Del/2016 dated 30/10/2019 to substantiate the grounds urged in the appeal. 12. Per contra the Ld. Sr. DR contended that, AO has given effect to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made in ITA No. 5172/Del/2014 dated 29/12/2017 and the direction issued thereon, cannot challenge the order of giving effect of the said order. The AO had complied with the direction of the Tribunal in toto, therefore we cannot find fault with the Order passed by the AO. 15. The learned Counsel appearing for the AR placed much reliance on the order of the Tribunal in Assessee s own case in ITA No. 5221 5222/Del/2016 dated 03-10-2019 and contended that the issue involved in the present appeal is fully covered with the said order. On going through the facts and circumstances of the case, we found that the said order of the Tribunal was delivered on different set of facts and footings, which have no bearing on the present case of the Assessee. 16. In the ITA No. 5221 5222/Del/2016, the facts are that, the Assessing Officer had issued the intimation u/s 143(1) of the Act on 28.03.2016. The assessee had paid advance tax of ₹ 25 crore and TDS of ₹ 71,40,120/-. The refund of ₹ 4,28,50,269/- was adjusted against the demand of Assessment Year 2003-04 on 31.07.2006. In the intimation issued u/s 143(1) of the Act, the period for which interest was allowed, started ..... X X X X Extracts X X X X X X X X Extracts X X X X
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