2018 (10) TMI 242

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....n issues are involved, we dispose-off the same by way of this common order for the sake of convenience and brevity. First we take up appeal & cross-objection for AY 2003-04. ITA No. 1825/Mum/2017 & CO No.211/Mum/2018, AY 2003-04 2.1 The grounds raised in assessee's appeal reads as under: - 1 The Ld. CIT(A) ought to have decided the issue on merits as prayed in the grounds of appeal instead of leaving the issue undecided stating appellant's petition for rectification is pending before the Assessing Officer. 2. The Ld. CIT(A) failed to note that since interest u/s 244A as computed in the order sheet involved issues both in law and on facts, the CIT(A) ought to have adjudicated the issue even when the rectification peti....

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..... Departmental Representative [DR], Ms. Vidisha Kalra CITDR, submitted that the assessee is merely seeking interest on interest which is not mandated by law and squarely covered against the assessee by the decision of Hon'ble Apex Court rendered in CIT Vs. Gujarat Fluoro Chemicals [Special leave petition no.11406 of 2008]. The Ld. AR has controverted the same on the strength of a computation chart as placed before us in written submissions dated 03/08/2018. 3. We have carefully considered the same and perused relevant material on record. At the outset, the findings of Ld. CIT(A) are extracted here-in-below:- 3. The only ground raised in this appeal is that the Assessing Officer hs not computed correct amount of interest u/s. 244....

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....at the issue has already been adjudicated by the Tribunal in assessee's own case. Therefore, without delving much deeper into the issue, Ld. AO is directed to re-compute the amount refundable to the assessee in terms of the decision of this Tribunal for AY 2008-09 by disposing-off application u/s 154 filed by the assessee. The assessee is directed to file the necessary computations / details in this regard. Needless to add that the assessee shall not be entitle for any interest on interest, whatsoever, in terms of the cited decision of Hon'ble Apex Court. 4. The appeal as well as cross-objections stands allowed for statistical purposes. ITA Nos. 1826 to 28/Mum/2017 & CO Nos.212-14/Mum/2018, AYs 2007-08, 2009-10 & 2010-11 5.1 The as....