2023 (8) TMI 1070

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....dhry, JM For the Assessee : Ms. Vinita Shah, CA For the Revenue : Mr. Raj Singh Meel, SR DR ORDER PER PRASHANT MAHARISHI, AM: 01. ITA No. 1813/Mum/2023 is filed by the Deputy Commissioner of Income tax, Circle 3 (3) (1), Mumbai (the learned Assessing Officer) for A.Y. 2007-08 against the appellate order passed by the National faceless appeal Centre Delhi [the learned CIT (A)] dated ....

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....of refund and not up to the date on which refund was actually received by the assessee. 03. The brief fact shows that while passing the order giving effect to the order of the tribunal in ITA No. 4048 & 4220/Mum/2011 dated 23rd March, /2018 the total income of the assessee was determined at Rs. 1,218,421,430. According to that refund of Rs.365,492,370 was determined. The above refund order was ....

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.... any order of rectification either accepting or refusing the claim of the assessee and therefore, the assessee preferred an appeal before the learned CIT (A) seeking the above relief. The learned CIT (A) after considering the decision of the Hon'ble Bombay High Court in case of CIT vs. Pfizer Ltd in 191 ITR 626 (Bom) and the decision of the coordinate bench in case of Novartis India Ltd Vs. AC....

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....epresentative referred to the provisions of section 244A of the Act and stated that interest is required to be granted up to the date of grant of the refund and not to the receipt of the refund order. 05. The learned Authorized Representative referred to the order of the learned CIT (A) stated that the order of the learned CIT (A) is following the decision of the Hon'ble Bombay High Court a....