9911796707
TMI Blog2023 (12) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... 244A(2) assessee is not entitled for such period of 19 months. The amendment to the provisions of section 244A(2) of the Act has been carried out by inserting the word or the deductor, as the case may be on 01/04/2017 vide Finance Act, 2017, therefore, the said provisions of section 244A(2) of the Act is not applicable in the present case being A.Y 2013-14 and the ld. CIT(A) committed an error in observing that the Section 244A(2) of the Act is applicable to the case of the assessee. We deem it fit to restore the issue to the file of the AO to re-compute and grant interest in accordance with law by keeping in the mind that the amendment to the Section 244A (2) of the Act is not applicable for the year under consideration. Appeal filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee preferred an appeal before the Ld. CIT(A). The Ld. CIT(A), vide order dated 26/06/2023 dismissed the appeal on the ground that as per section 244A(2) of the Act, if the proceedings resulting in the refund are delayed for the reasons attributable to the assessee, whether wholly or in part, the period of the delay so attributable to the assessee shall be excluded from the period for which interest is payable and further observing that the delay of issuing of refund is due to the reason attributable to the assessee, thus the assessee is not eligible to get interest on refunds for 19 months. Accordingly, the Ld. CIT(A) upheld the order of the AO /CPC by justifying the reduction of the interest on refund u/s 244A of the Act. 4. Aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of section 244A(2) of the Act has been carried out by inserting the word or the deductor, as the case may be on 01/04/2017 vide Finance Act, 2017, therefore, the said provisions of section 244A(2) of the Act is not applicable in the present case being A.Y 2013-14 and the ld. CIT(A) committed an error in observing that the Section 244A(2) of the Act is applicable to the case of the assessee. Therefore, we deem it fit to restore the issue to the file of the AO to re-compute and grant interest in accordance with law by keeping in the mind that the amendment to the Section 244A (2) of the Act is not applicable for the year under consideration. 8. In the result, the appeal filed by the assessee is partly allowed for statistical ..... X X X X Extracts X X X X X X X X Extracts X X X X
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