2024 (9) TMI 204

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.... affidavit explaining the reason for delay. It was submitted that the appeal order passed by NFAC was received vide registered mail on the email ID of Hemang Shah & Saurabh Mashruwala who were the authorized persons but due to oversight they did not bring this fact to the notice of the company in time. No physical copy of the order was received at the registered address of the company. An affidavit of Shri Saurav Mashruwala has also been filed in this regard. The Revenue also did not have any objection to the condonation of delay. Considering the reason as explained by the assessee, the delay in filing of the appeal is condoned. 3. The only ground taken by the assessee in this appeal is as under: "1. On the facts and in the circumstances....

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....ance tax of the assessee company was not allowed in the hands of Torrent Power Ltd. Therefore, the assessee requested for refund for advance tax and TDS as reflected in its original return. The AO vide order u/s. 154 of the Act dated 29.05.2019 held that total income of the assessee during the year was Rs. Nil and, therefore, he ordered for refund of advance tax & TDS credit payment of Rs. 13,58,93,784/-. However, no interest u/s. 244A of the Act was allowed on the ground that delay in the proceedings resulting in refund was due to reasons attributable to the assessee. 6. Aggrieved with the order of the AO, the assessee had filed an appeal against the refusal to grant interest under Section 244A of the Act before the First Appellate Author....

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.... was claimed in the revised return by the assessee itself there was no question of allowing any interest u/s. 244A of the Act. He further submitted that the delay in filing the revised return by the assessee cannot be attributed to the Department and in any case, no interest prior to that date was eligible to the assessee. 9. We have carefully considered the rival submissions. The undisputed facts of the case are that the refund as claimed by the assessee in the original return was issued to the assessee on processing of the return. Further, in the revised return filed by the assessee on 16.10.2017, no refund was claimed. The refund in the case of the assessee has arisen only because of denial of TDS and advance tax payment made by the ass....