2024 (7) TMI 1427

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....ijay Shah, CA ORDER PER VIKAS AWASTHY, JM: This appeal by the Department is directed against the order of Commissioner of Income Tax (Appeals)-38, New Delhi [in short 'the CIT(A)'] dated 25.07.2018, for assessment year 2004-05. 2. The solitary issue raised by the department in appeal is against allowing interest u/s. 244A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act&#39....

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....any for any assessment year then, credit in respect of tax so paid shall be allowed to him, in accordance with the provisions of Section 115JAA of the Act. In light of the aforesaid provisions assessee is not eligible to claim interest on MAT credit. 4. Per contra, Ms. Alka Arren appearing on behalf of the assessee submits that the assessee has not claimed interest on MAT credit. The assessee has....

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.... assessee is that the CIT(A) has allowed interest on refund of advance tax paid by the assessee for AY 2004-05, per contra stand of the department is that the CIT(A) has erred in allowing interest on MAT credit allowed by the AO in proceedings u/s. 154 of the Act. 6. A perusal of impugned order shows that the CIT(A) following the decisions rendered in the case of CIT vs. Tulsyan NEC 330 ITR 223 (....