2025 (8) TMI 1045

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....)/Petitioner(s) Through: Mr. Vipan Gandotra, Advocate. For the Respondent(s) Through: Mr. Suraj Singh Wazir, Advocate. ORDER PER 1. This appeal, by the J&K Bank, filed under Section 260-A of the Income Tax Act, 1961 ["the Act"], arises from an order dated 10.07.2009 passed by Income Tax Appellate Tribunal, Amritsar (ITAT) in ITA No. 253(Asr)/2009 (assessment year 1993-94) titled M/S J&K B....

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....ssee. The payment of interest on refund is governed by Section 244-A. Sub-Section 2 of Section 244-A makes a clear and unequivocal provision that if the proceedings resulting in refund are delayed for reasons attributable to the assessee, whether wholly or in part, the period of delay so attributable to it shall be excluded from the period for which interest is payable. 3. The Sub-Section furth....

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.... 5. From reading of the impugned order, whereby the ITAT has upheld the order of CIT(A) passed in terms of Section 154 of the Act, it is clear that the issue has not been addressed in the light of the material on record as also the circulars issued by the Reserve Bank of India from time to time. 6. During the course of argument, Mr. Vipan Gandotra, learned counsel appearing for the Bank brought....

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....under Section 154 of the Act, as also the ITAT which dismissed the appeal filed by the appellant-assessee. 8. Having gone through the entire record including the order of the ITAT and hearing both the sides, we are of the view that the issue as to whether the delay in processing the case of refund was attributable to the appellant-assessee has not been thoroughly gone into by the CIT(A) while e....