2011 (3) TMI 1822

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....h, A.M. This appeal by assessee is against the order of the CIT(A)- XIII, Mumbai dated 12.10.2009. 2. Assessee has raised the following ground: - "The Commissioner of Income-tax (Appeals)-13, Mumbai [hereinafter referred as the CIT(A)] erred in directing the AO to grant interest under section 244A from April, 2003 to 9th September, 2005 being the date of grant of refund as against from....

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.... the order dated 13th April, 2005 passed by the AO was received by the appellants on 9th September, 2005. The appellants has stated that they are entitled to interest under section 244A from April, 2003 to September, 2005 (being the date of receipt of the refund order). The AO shall re-verify the facts and is directed to grant interest u/s 244A from 1st April, 2003 to the date on....

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....n. On several occasions, the refund order is not accompanied by a supporting cheque/pay order. The cheque is received by the assessee after the refund order is issued by the Department. Consequently, there is a time-gap between the refund order and the receipt of the cheque/pay order. The assessee claims interest for this time-gap. A similar point arose before the Bombay High Court in the case of ....