9911796707
TMI Blog2024 (8) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... us rectification order passed u/s. 154, therefore the CIT(Appeals) should not have rejected the appeal of the assessee summarily. Therefore, we remit this issue back to the file of AO for the purpose of verification and after verifying the documents compute the correct claim of TDS and interest u/s. 244A on refund granted to the assessee. Needless to say that reasonable opportunity of hearing be given to the assessee. Accordingly the appeal is allowed for statistical purposes. - Smt. Beena Pillai, Judicial Member And Shri Laxmi Prasad Sahu, Accountant Member For the Appellant : Shri Ganesh S., Advocate For the Respondent : Shri Subramanian, S., Jt.CIT(DR)(ITAT), Bengaluru ORDER PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER This appeal is filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed and justice rendered. 2. Briefly stated the facts of the case are that the assessee is a Govt. of Karnataka undertaking which is a nodal agency of Govt. of Karnataka to implement the Govt. Solar Power Policy and initiative towards developing solar parks in the state. The assessee filed return of income declaring income at Rs. 41.95 crores and claimed refund of Rs. 9.35 crores and return was filed on 11.03.2022. Return was processed u/s. 143(1) on 17.06.2022 granting refund of Rs. 9,95,74,208 including interest of Rs. 69,47,033. It means actual refund was granted against the excess tax paid of Rs. 9,26,27,175 (9,95,74,208-69,47,033). Accordingly there was short TDS credit given to the assessee of Rs. 7,84,445 against which the assessee f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er opportunity to the assessee for representing its case and the ld. CIT(Appeals) has also not considered the facts of the case properly. The CPC should have granted additional refund of Rs. 7,84,995 arising on account of rectification order dated 6.7.2023 and additional interest of Rs. 1,41,200 which was computed upto March, 2024. Accordingly he requested that the matter may be sent back to AO for fresh calculation of interest u/s. 244A and TDS refund. 5. The ld. DR relied on the order of the CIT(Appeals) and submitted that there is no mistake apparent on the face of record. The assessee should have filed appeal against 143(1) order separately. The CIT(Appeals) has rightly dismissed the case of the assessee. 6. Considering the rival submis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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