2010 (2) TMI 752

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.... disposed of by this common order.   I.T.A. No. 3685/Mum/2009 (A.Y. 1999-2000):   2. The grounds of raised by the Revenue are as under:   1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in holding that the assessee is entitled to interest under section 244A on the amount of self-assessment tax paid.   2. Without prejudice to the above, the Ld. CIT(A) erred in holding that the assessee is entitled to the said interest from the date of payment of self assessment tax.   3. The appellant prays that the order of the Ld. CIT(A) on the above grounds be set aside and that of the AO restored.   3. Facts of the case, in brief, are that the assessee had paid advance ....

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....terest u/s. 244A of the Act on the amount of self assessment tax paid from the date of payment i.e., 13th February 2006 till the date of granting of refund. The relevant operative para of the CIT(A) reads as under:   "15. I have gone through the above facts and the contentions raised by the appellant in this regard. The provisions of section 244A(1)(b) include all situations of refunds other than those covered by section 244A(1)(a) i.e., refunds arising out of advance tax or TDS. Interest under section 244A(1)(b) is payable to the appellant even if the refund arises on account of self assessment tax paid by the appellant. The above view is also supported by the decisions in case of CIT vs. Ashok Leyland Ltd. (2002) 254 ITR 641 (Mad)....

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.... paid in excess of such demand. There is no dispute that the self assessment tax was paid on 29th June, 1998. If that be so, one need not go to the definition of the said term in the Explanation below cl. (b).. The Explanation can in no manner curtail or restrict the provisions of the section. As the Revenue has had use of the self assessment tax right from29th June, 1998, it is but equitable that the assessee should be entitled to interest from that date. The assessee should be entitled to interest from 29th June, 1998 up to the date of the refund and not from the date of the assessment order to the date of refund as has been directed by the CIT(A). - Asst. CIT vs. National Organic Chemicals Ltd. (ITA No. 7464/Mum/1997) and Addl. CIT vs. G....