2008 (8) TMI 508

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....led these five tax appeals under section 260A of the Income-tax Act, 1961 for the assessment year 1989-90 to 1992-93 and 1994-95 proposing to formulate the following substantial questions of law. "(A) Whether the Appellate Tribunal is right in law and on facts in dismissing the appeal filed by the Revenue without adjudicating the same on the merits on the ground that since in the appeal, the ef....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent years 1989-90 to 1992-93 and 1994-95 after appeal effect which was stayed up to September 30, 2001 by the learned Commissioner of Income-tax and refund of Rs. 2,37,23,200 was issued in November, 2001 wherein interest under section 244A was calculated only up to December 31, 2000, as a result of which the assessee had not received interest up to the date of issue of refund. The assessee, theref....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ied by the order giving effect to the appellate order. Thus what was withheld included both the tax and the interest payable by the Government. The interest which was payable on the refund cannot be retained without payment of interest thereon and accordingly direction was given to the Assessing Officer to grant such interest. 5. Being aggrieved by the said order of the learned Commissioner of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d to interest on the amount of interest paid under section 214 and/or section 244 of the Act and the Department was bound to grant interest which had accrued for those periods. 7. We have heard Mr. Manish Bhatt, learned senior standing counsel for the Revenue. Despite service of rule nobody appears on behalf of the assessee. We have also perused the order passed by the authorities below. The qu....