TaxTMI 
TaxTMI 
2023 (6) TMI 730
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....No.183/Ahd/2023 for A.Y. 1982-83 are being reproduced as under :- "1. In law and in facts and circumstances of the appellant case, the learned Commissioner of Income Tax (Appeals) has erred in points of law and facts. 2. In law and in facts and circumstances of the appellant case, the learned Commissioner of Income Tax (Appeals) has grossly erred in rejecting appellant's claim of interest on refund." 3. The assessee's case, order giving effect to Tribunal's order in ITA No.2252/Ahd/2023 dated 07.07.2006 was passed on 10.12.2017 determining total income at Rs. nil for Assessment Year (A.Y.) 1982-83. As per the said order, the assessee was granted refund of Rs. 31,180/- which was issued on 15.11.2017. The assessee vide its rectification ....
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....er under Section 154 of the Act, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 6. There is a delay of 98 days in filing the present appeal for which the assessee has filed condonation of delay application. The reasons set out in the said application appear to be genuine and hence the delay is condoned. 7. The Ld. AR submitted that the assessee filed rectification application regarding mistake apparent on record against order dated 12.10.2017 giving effect to Tribunal's order, firstly in respect of interest under Section 244A of the Act was short granted, secondly for additional compensation. The Assessing Officer determined the refund of Rs. 1,35,727/- but the same was not issued. The Ld. AR....
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....ced as principal tax refund Rs. 3,678/- and interest on refund Rs. 27,502/- resulting into balance refundable amount of Rs. 1,35,627/- interest receivable as per the Department working. The third refund of Rs. 1,35,627/- was granted vide order under section 154 of the Act dated 09.04.2019 passed under Section 154 and the said refund was credited to bank account on 15.04.2020. However, as per the assessee's calculation, the amount of refund comes to Rs. 3,45,530/- till April 2020 and hence refund was short granted by Rs. 2,25,356/- including interest till November 2021. Thus, the ld. AR submitted that the CIT(A) erred in rejecting the assessee's claim on interest refund. 8. The Ld. DR submitted that the Assessing Officer has rightly rejecte....