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2011 (8) TMI 1352

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....ent : Shri G. Narayanasamy ORDER PER N.S. SAINI, ACCOUNTANT MEMBER : This appeal is filed by Revenue for the assessment year 2001- 2002 against an order dated 21.02.2011 of Commissioner of Income Tax (Appeals), Large Taxpayer Unit, Chennai. I.2 T.A. No. 914/Mds/11 2. The sole ground of appeal taken by the Revenue in this appeal is that the ld. CIT(A) erred in deleting the interest levied u/s ....

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.... assessment where the refund granted prior to 1.6.2003 while sending intimation u/s 143(1) of the Act and regular assessment was completed converting refund into demand of tax. Therefore, it was his submission that the ld. CIT(A) following the decision of the Hon'ble Kerala High Court should have held that interest was chargeable from 1.6.2003. 5. On the other hand, the ld. A.R. submitted tha....

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....hat there is no decision of the Hon'ble Jurisdictional High Court on the year in which the interest u/s 234D was chargeable. We find that the Hon'ble Kerala High Court in the case of Kerala Chemicals and Proteins Ltd [supra] has held that interest u/s 234D should be charged w.e.f 1.6.2003 whereas the Hon'ble Delhi High Court has held that interest u/s 234D was chargeable from Assessmen....