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TMI Blog2017 (4) TMI 1619X X X X Extracts X X X X X X X X Extracts X X X X ..... t Flouro Chemicals [ 2012 (8) TMI 740 - SUPREME COURT] as elaborated in the findings of the ld. CIT(A) we find that Ld.CIT(A) was justified in his decision as in the above case the Hon ble Supreme Court has decided that section 214 of the act does not provide for payment of compensation by the revenue , therefore we do not find any reason to interfere in the findings of the ld. CIT(A). Appeal of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssly erred in rejecting appellant's contention that compensation Rs. 32,490 should be given for issuing delayed refund." 3. Brief facts of the case on the issue in ground of appeal is that the assessing officer had granted refund on the application of the assessee vide order u/s. 154 of the act made on 16-04-2012. The assessee filed appeal before the ld. CIT(A) that the assessing officer had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of decision of Hon'ble Supreme Court in the case of Sandvik Asia 280 ITR 643. The Hon'ble Supreme Court has recently delivered a contrary decision in the case of CIT vs Gujarat Flouro Chemicals In SLP (Civil) No. 11406/2008. The Supreme Court has held that in the Sandvik Asia case the interest payment was wrongly withheld for a long period of 17 years. Therefore, the interest for de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s identity as soon as it is adjusted against the liability created by the Assessment Order and becomes tax paid pursuant to the Assessment Order. If Advance Tax or TDS loses its identity and becomes tax paid on the passing of the Assessment Order, then, is the assessee not entitled to interest under the relevant provisions of the Act?" It was also held - "We say no more. With respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the appellant against non-granting of interest on interest receivable u/s. 244A deserves to be dismissed." 4. We have heard the rival contentions. After considering the decision of the Hon'ble Supreme Court in the case of Gujarat Flouro Chemicals as elaborated in the findings of the ld. CIT(A) we find that Ld.CIT(A) was justified in his decision as in the above case the Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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