9911796707
TMI Blog1985 (9) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... However, no interest under s. 214 was granted. The assessee therefore made an application to the ITO who passed an order under s. 154 dt. 30th Nov., 1981 granting interest amounting to Rs. 99,099 under s. 214 upto that date. The order quantifying the amount of interest was passed on 7th Feb., 1983 and both these orders were received by the assessee on 18th Feb., 1983. The assessee thereupon demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nov., 1981 or of 7th Feb., 1983. In my opinion the order under s. 154 dt. 30th Nov., 1981 directed for the issue of refund order in respect of interest under s. 214. Quantification of such interest also forms part of that order. That quantification has been done much later as evidenced by the demand notice dt. 7th Feb., 1983. I, therefore, hold that the appellant became entitled to refund of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. Union of India Ors. (1981) 130 ITR 928 (Del) and the Tribunal's decision in the case of Mihir Textiles Ltd. vs. ITO in ITA No. 8/Ahd/1983 dt. 24th Oct., 1983. 4. The ld. Department representative relied upon the order of the CIT (A). 5. From the above quotations of the CIT (A)'s order it appears that what he means by refund of interest is actually the order by which the interest is gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the CIT (A)'s reasoning that s. 154 action cannot be taken, we are of the view that this is not a debatable issue. To our mind the position is clear i.e. interest has to be paid to the assessee on the amount over paid to the time that the over payment is actually refunded. In this view we are fully supported by the Delhi High Court decision in the case of National Agricultural Co-operative Mark ..... X X X X Extracts X X X X X X X X Extracts X X X X
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