9911796707
TMI Blog2023 (8) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... AM And Shri Narender Kumar Choudhry, JM For the Assessee : Ms. Vinita Shah, CA For the Revenue : Mr. Raj Singh Meel, SR DR ORDER PER PRASHANT MAHARISHI, AM: 01. ITA No. 1813/Mum/2023 is filed by the Deputy Commissioner of Income tax, Circle 3 (3) (1), Mumbai (the learned Assessing Officer) for A.Y. 2007-08 against the appellate order passed by the National faceless appeal Centre Delhi [the learned CIT (A)] dated 21st March, 2023, wherein the appeal filed by the assessee against order passed under section 154 of the Act, dated 17th November, 2019, was allowed. Therefore, the learned Assessing Officer is aggrieved and is in appeal before us. 02. The learned Assessing Officer is aggrieved by the direction of the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer is required to pass an order under section 154 of the Act within a period of six months from the end of the month in which application was made. But the learned Assessing Officer did not pass any order of rectification either accepting or refusing the claim of the assessee and therefore, the assessee preferred an appeal before the learned CIT (A) seeking the above relief. The learned CIT (A) after considering the decision of the Hon'ble Bombay High Court in case of CIT vs. Pfizer Ltd in 191 ITR 626 (Bom) and the decision of the coordinate bench in case of Novartis India Ltd Vs. ACIT in ITA No. 1249/Mum/2010 dated 18th March, 2011 as well as the decision of the Hon'ble Bombay High Court in case of CITI bank Vs. CIT in ITA No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y High Court in case of Pfizer Ltd (supra) and also in case of Citi bank (supra). Further, in assessee s own case for A.Y. 2003-04 the coordinate bench has given the direction based on the order of the Hon'ble Bombay High Court. Therefore, this issue is squarely covered in favour of the assessee. Accordingly, we do not find any infirmity in the order of the learned CIT (A) in directing the learned Assessing Officer to grant interest to the assessee under section 244A of the Act, up to the date of receipt of refund order. Accordingly, the grounds of appeal raised by the assessing officer are dismissed. 07. In the result, the appeal of the learned Assessing Officer is dismissed. Order pronounced in the open court on 22.08.2023. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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