TaxTMI 
TaxTMI 
2015 (11) TMI 112
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....sposed of by way of common order for the sake of convenience. 2. In ITA No. 6277/Mum/2013 for A.Y. 1984-85, in case of Radhakrishan Discretionary Family Trust, assessee has filed appeal on the following grounds: "1) In law and in facts and circumstances of the Appellant's case, the learned CIT(A) has grossly erred in the points of law and facts. 2) In law and in facts and circumstances of the Appellant's case, the learned CIT(A) has grossly erred in holding that appellant is not entitled to interest on refund of Rs. 40,442/-. 3) In law and in facts and circumstances of the Appellant's case, the learned CIT(A) has grossly erred in holding that appellant is not eligible for interest on refund of Rs. 1l,138/-. 4) In law and in....
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....Thus total income in case of this assessee was computed at nil as per above order dated 28.11.2000. 4.3 Assessing Officer allowed refund thereon as per following details: Total taxes paid Rs.51,580/- Less: Refunded vide order dt.29/2/88 Rs.40,442/- Bal. refund due Rs.11,138/- Assessing Officer allowed refund of Rs. 11,138/- as per above calculation. 4.4 Subsequently, assessee submitted rectification application u/s.154 of the Act dated 07/12/2000 seeking following refunds; 1) Refund of Rs. 40,442/-, allegedly transferred in case of main trust, along with due interest. 2) Interest on refund as also interest on interest. It appears from the order of Assessing Officer that assessee filed rectification application dated 05.10....
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....se of the main trust was filed and accepted. The decision to opt for the KVSS was taken by the assessee and any fall out thereof cannot be attributed to the department. As the refund has been arisen consequential to the KVSS declaration filed by the main trust, and delay in the claim and issue of refund is attributable entirely to the assessee and not to the department. In view of the specific provisions of Sec. 244A (2) of the Act, no interest u/s.244A is payable to the assessee." 4.6 Matter was carried before the First Appellate Authority against the claim of assessee made by it in its petition u/s.154. In appeal, CIT(A) with regards to allowability of fund of tax paid of Rs. 40,442/-, assessee stated that Assessing Officer held in his o....
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.... case of similarly placed trust i.e. Vaibhavi Discretionary Family Trust vs. ITO 12(2)(1) and other appeals by ITAT 'F' Mumbai Bench by observing as under: "7. We have heard both the parties and their contentions have carefully been considered. In the present cases assessees are common to the assessees with regard to whom, earlier Special Bench had decided the issue that assessee is entitled to interest on the refund. Special Bench order was on the merits of the issue as well as on the validity or otherwise of section 263 of the Act which was invoked by the CIT to deny these assesses benefit of interest which was already granted by the AO. Special Bench has decided this issue in favour of the assessee and relevant observation of Special Be....
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....e case, such conduct of the Revenue is neither according to the accepted position of law settled by the higher judicial forums nor it is appreciable for the reason that Hon'ble Gujarat High Court has already directed the Revenue not to drag the assessee in unnecessary avoidable litigation. 7.2 The issue regarding grant of interest to the assessees is clearly covered by the decision of the Special Bench as well as Hon'ble Gujarat High Court which have not been contended to be reversed or modified. Therefore, we direct the Revenue to grant the interest to the assessee and Ground No.2 & 3 are allowed." Nothing contrary was brought to our knowledge. Facts being similar, so following same reasoning, Assessing Officer is directed to pay....