9911796707
TMI Blog2023 (6) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... per Sub Section (2) of Section 244(A) if the proceedings resulting in the refund are delayed for the reasons attributable to the assessee, the period of delay so attributable to the assessee shall be excluded from the period for which interest is payable. There is nothing in the findings of the CIT as to how respondent delayed the proceedings that resulted in the refund or what were the reasons that could be attributable to respondent. It is true that respondent had initially filed return of income on 30th October 2007 declaring total income of Rs.997,10,30,681/- and subsequently on 19th March 2009 revised return declaring income of Rs.615,19,97,000/- was filed. The assessment was completed u/s 143(3) of the Act on 23rd March 2009 assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exclude interest u/s 244A granted to it on excess refund claimed through a revised return even when the Pr. Commissioner in Section 244A(2) is the final authority on this issue in law and the cases relied are distinguishable on facts ? 2. Respondent had filed return of income on 30th October 2007 for Assessment Year 2007-08 declaring total income of Rs.997,10,30,681/-. Subsequently revised return declaring income of Rs.615,19,97,000/- was filed on 19th March 2009. The assessment was completed under Section 143(3) of the Income Tax Act, 1961 (the Act) on 23rd March 2009 assessing total income at Rs.19,04,69,88,000/-. Respondent preferred an appeal and the Commissioner of Income Tax (Appeals) [CIT(A)] vide an order dated 15th June 2011 decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from the period for which interest is payable, and where any question arises as to the period to be excluded, it shall be decided by the Chief Commissioner or Commissioner whose decision thereon shall be final. As per this provision if the proceedings resulting in the refund are delayed for the reasons attributable to the assessee, the period of delay so attributable to the assessee shall be excluded from the period for which interest is payable. There is nothing in the findings of the CIT as to how respondent delayed the proceedings that resulted in the refund or what were the reasons that could be attributable to respondent. It is true that respondent had initially filed return of income on 30th October 2007 declaring total income of R ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
