TaxTMI 
TaxTMI 
2023 (1) TMI 1548
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....e facts and in the circumstances of the case, the Commissioner of Income- tax (Appeals) ['the CIT (A)'] erred in rejecting the claim of the Appellant Company of granting interest on Income Tax refund [i.e. Rs.5,39,84,057 arising from the CIT(A) order dated 26.2.2020] under Section 244A(1)(a) of the Income- tax Act, 1961 ('the Act') without properly addressing the ground raised by the Appellant Company. 1.2 On the facts and in the circumstances of the case, the CIT (A) erred in upholding the decision of the Assessing Officer ['the AO'] in not-granting interest on Income Tax refund under Section 244A (1) (a) of the Act to the Appellant Company without issuing any relevant notice and without allowing a fair and....
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.... 2.2 On the facts and in the circumstances of the case, the CIT (A), erred in upholding the decision of the AO in not-granting additional interest on Income Tax refund under Section 244A (1A) of the Act to the Appellant Company without issuing any relevant notice and without allowing a fair and reasonable opportunity of being heard to the Appellant Company. 2.3 On the facts and in the circumstances of the case, the CIT (A), erred in uploading the decision of the AO in not granting additional interest on Income Tax refund under Section 244A (1A) of the Act ignoring the fact that Order giving effect to the CIT (A)'s order dated 27.2.2019 was passed after the time allowed under Section 153(5) of the Act. 2.4 The Appe....
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....o the order of the learned CIT (A). vi. Against which the assessee was aggrieved and filed an appeal before the learned CIT (A). Such appeal order was passed on 26th February, 2020. vii. However, this appeal is for A.Y. 2012-13 whereas the order in appeal is also for A.Y. 2012-13 but the learned CIT (A) dismissed the appeal of the assessee for A.Y. 2012-13 holding that it is an appeal for A.Y. 2017-18. viii. The learned CIT (A) in his whole order has reproduced the submission of A.Y. 2017-18, as well as the ground of appeal for A.Y. 2017-18 but dismissed the appeal of the assessee for A.Y. 2012-13. ix. The assessee has also made grievance stating that the order of the learned CIT (A) is pertaining to A.Y.....
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.... the learned CIT(A). The refund was also not received. Therefore, once again appeal was preferred before the learned CIT (A) which was disposed of by order dated 26th February, 2020 granting relief to the assessee. Further, 8th October, 2020, the learned Assessing Officer passed an order giving appeal effect, however, denied interest under Section 244(1) (a) of the Act to the appellant company for a period from 1st April, 2012 till the date on which the refund was granted stating that the appellant company had suo moto offered tax at the rate of 30% on capital gains on sale of flats in the return of income. Against that order giving appeal effect assessee preferred the appeal before the learned CIT (A) which met with the above unfortunate d....