9911796707
TMI Blog1987 (2) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... eal is time barred by one day. The assessee has filed a condonation petition stating that he has registered the papers at Kanpur well before the limitation period, but the delay was due to delay in postal delivery. Having regard to the submission made by both the sides and the facts of the case, we are of the opinion that the delay deserved to be condoned which we hereby do. We shall now come to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or payment of interest under s. 244(1A). The ITO fixed the case of hearing, but there was no compliance. He, therefore, disposed of the application of the assessee on merits. 4. According to the ITO interest under s. 244(1A) of the act would arise only on any refund arising as a result of any amount having been paid by the assessee after 31st March, 1975 in pursuance of any order of assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other proceedings. In the circumstances, the ITO came to the conclusion that the assessee was not entitled to any interest under s. 244(1A). 5. The assessee took up the matter to the CIT(A) who sustained the action of the ITO. Hence this appeal. 6. We have heard both the sides and have perused the orders of the authorities below for our consideration. As per requirement of s. 244(1A), inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed. In that view of the matter, weiver or reduction of interest under the above two rules are also other proceedings under the IT Act. Accordingly, we hold that the assessee is entitled to said interest particularly in view of the fact that the claim of the assessee for interest under s. 244(1A) was on the income-tax refund and not on the interest waived as could be seen from the facts of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
