9911796707
TMI Blog2022 (6) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act up to the date of refund cheque i.e., 11.11.2014. The assessee moved rectification application before AO which was rejected by AO by citing the decision of Rajasthan High Court in the case of Rajasthan State Electricity [ 2005 (11) TMI 35 - RAJASTHAN HIGH COURT] . Aggrieved, assessee preferred appeal before the CIT(A). The CIT(A) stated that the decision of Hon ble Rajasthan High Court in the case of Rajasthan State Electricity supra is in favour of assessee and also cited the Board s instruction No.7 dated 01.08.2002 and directed the AO to grant interest u/s.244A of the Act on the refund amount up to the date of 11.11.2014. Aggrieved, Revenue is in appeal before the Tribunal. CIT(A) has considered the Instruction No7 of 01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The only issue raised by Revenue in this appeal is against the order of CIT(A) allowing interest on refund u/s.244A of the Act till 11.11.2014. For this, Revenue has raised following Ground Nos.2 3:- 2. The Ld.CIT(A) erred in not taking cognizance of the fact that the Assessing Officer (AO) had signed and issued the impugned refund along with interest under section 244A of the Act on 06-01-2014 itself and was therefore right in rejecting the petition under section154 for claim of additional interest under section 244A till November 2014. 3. The Ld.CIT(A) erred in not appreciating the fact that the AO had executed the mandate of issue of refund in January 2014 itself, as per record, and the period of elapse from January 2014 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount up to the date of 11.11.2014. Aggrieved, Revenue is in appeal before the Tribunal. 4. We noted that the CIT(A) has considered the Instruction No7 of 01.08.2002 issued by the Central Board of Direct Taxes and Circular No.11/2016 dated 24.04.2016, Instruction No.7/2013 dated 15.07.2013 and Instruction No.2/2007 dated 28.03.2007 and also the decisions of Hon ble Supreme Court in the cases of Sandvik Asia Ltd vs. CIT, (2006) 150 taxman 591 (SC) and CIT vs. HEG Ltd., (2010) 324 ITR 331 (SC) and noted that the assessee is entitled for interest on refund u/s.244A of the Act up to the date of actual grant of refund i.e., 11.11.2014. Now, the ld. Senior DR could not controvert the order of CIT(A) despite specific query asked by the Bench. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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