2013 (12) TMI 420

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....bhu Chopra, learned counsel for the appellant and Shri S.D. Singh, learned counsel for the opposite party. This appeal under Section 260A of the Income Tax Act, 1961 has been filed by the department against the order of the Tribunal dated 13th September, 2004 by which the appeal of the Revenue was dismissed. The appeal was admitted on the following two questions: "1. Whether the ITAT was leg....

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....aid which was refunded in pursuance of the order passed by the Settlement Commission. Shri Shambhu Chopra, learned counsel for the department contended that under Section 244 (1A) of the Income Tax Act, the payment of interest contemplated is in respect of order of assessment or penalty. He submits that the order of refund was not consequent to any assessment order or an order of penalty, hence....

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....ch such amount was paid to the date on which the refund is granted : Provided that where the amount so found to be in excess was paid in instalments, such interest shall be payable on the amount of each such instalment or any part of such instalment, which was in excess, from the date on which such instalment was paid to the date on which the refund is granted : Provided further that no inte....

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....hall not apply in respect of any assessment for the assessment year commencing on the 1st day of April, 1989 or any subsequent assessment years.] Section 244(1A) uses the words "any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceeding under this Act". The words "other proceeding" are comprehensive enough to encompass the proceedings ....