9911796707
TMI Blog1990 (2) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Per Shri R.M. Mehta, Accountant Member -- These appeals are directed against the consolidated order of the Dy. CIT (Appeals) and pertain to the question of granting of interest on refunds under the provisions of section 34A of the Wealth-tax Act. 2. The respondent in this case became entitled to certain refunds in view of the order dated 18-12-1985 passed by the Commissioner of Wealt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the corresponding provision of the I.T. Act, 1961, namely, section 244 as also rule 119A of the I.T. Rules, 1962. A reference was also made to the decision of the Andhra Pradesh High Court in the case of Bakelite Hylam Ltd. v. CIT [1988] 72 CTR 137. 4. The Dy. CIT(A) in view of the arguments advanced and the authority cited accepted the view point canvassed on behalf of the respondent. He dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oposition that even the order dated 19-11-1987 passed by the WTO was one which fell for consideration under the provisions of section 34A. He thereafter made an impassioned plea for the confirmation of the order of the first appellate authority. 7. We have examined the rival submissions and have also perused the orders of the authorities below. The decision cited at the bar on behalf of the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TO has resorted to the provisions of sub-section (2) which speaks of a situation where the refund can be withheld by the WTO subject to the approval of the higher authorities. According to us the assessee is clearly entitled to the benefit of sub-sections (3) and (3A) insofar as the order of the Commissioner under section 25(1) and the subsequent order of the WTO giving effect to that order has re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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