2019 (9) TMI 1626

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....e has raised certain common grounds of appeal, therefore, both the appeals were clubbed and heard together and decided by common order for the appreciation of facts. The facts in appeal for Assessment Year 1999-2000 is taken as lead case. The assessee has raised the following grounds of appeal: 1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) has erred in confirming the order of the Ld. AO in not granting the Interest u/s 244A in accordance with the provision of the I.T. Act. 2. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) has erred in confirming the order of the Ld. A.O in not allowing the int....

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....TA No. 764 & 767/M/2015 for A.Y. 1999-2000 & 2000-2001 dated 20.01.2017 wherein the order of Lucknow Tribunal in Indo-Gulf Corporation vs. DCIT in ITA No. 396 & 397/LKW/2011 dated 15.07.2011 was followed. The ld. AR further submits that decision of Lucknow Tribunal has been approved by Hon'ble Allahabad High Court as the appeal filed by the revenue has been dismissed vide order dated 16.07.2012 in ITA No. 43 of 2011. For Ground No.4, the ld. AR of the assessee submits that this ground of appeal is against the assessee by the decision of Hon'ble Delhi High Court in case of CIT vs. Engineers India Ltd. [373 ITR 377 (Del.)]. 3. On the other hand, the ld. Departmental Representative (DR) for the revenue on Ground No.1 to 3 relied upon t....

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....d on the ground that the decision of Sandvik Asia Ltd. (280 ITR 643), relied by assessee is based on a peculiar facts of said case and cannot be applied on the facts of the present case and that statutory provision do not provide for grant of interest on interest. The ld. CIT(A) concurred with the finding of Assessing Officer on both the issues/counts. We have n 6. We have noted that the Co-ordinate bench of Mumbai Tribunal in assessee's own case in Indo-Gulf Corporation Ltd. (ITA No. 764/Mum/2015 and 767/Mum/2015, while relying upon the decision of Lucknow Bench in assessee's own case cited (supra) decide the issue in favour of assessee holding that interest under section 244A has to be granted till date of issuance of refund voucher. T....