2018 (12) TMI 1340

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....ior counsel with Ms. Nupur Awasthi i/by M/s Consulta Juris for the Respondent.   P.C.: 1. Since facts are common, we may record them from Income Tax Appeal No.894 of 2016. 2. Revenue has filed this appeal against the judgment of Income Tax Appellate Tribunal ("Tribunal" for short) dated 31st July, 2015. 3. Following question is presented for our consideration: "Whether on the f....

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....d such minor defects. The assessee had to have the defects removed and resubmit the certificates. This took substantial time. 5. In this context, the question of denying the interest on the refund in terms of section 244A of the Income Tax Act, 1961 ("the Act" for short) came up for consideration. The Tribunal by the impugned judgment held that such interest cannot be withheld. The Tribunal obs....

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....case of Larsen & Toubro (supra). We, accordingly set aside the findings of the Ld.CIT (A) and direct the AO to allow the interest for the period 1.4.1991 to 31.3.1998." 6. Learned counsel for the revenue submitted that under subsection (2) of Section 244A it is only the Principal Chief Commissioner. Chief Commissioner or Principal Commissioner who alone can decide the question whether there was....

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....is payable. In the present case, section 244A(2) is clearly not attracted. The proceeding resulting in the refund was not delayed for reasons attributable to the assessee. Though the TDS Certificates were not submitted with the return and were filed during the course of the assessment proceedings, the Tribunal has noted that the tax was in fact deducted at source at the right time. In the circumst....