1987 (2) TMI 92

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.... for interest under s. 244(1A). 2. At the outset, it may be mentioned that the appeal is time barred by one day. The assessee has filed a condonation petition stating that he has registered the papers at Kanpur well before the limitation period, but the delay was due to delay in postal delivery. Having regard to the submission made by both the sides and the facts of the case, we are of the opin....

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....able to receive refund of Rs. 5,782 and vide his application the assessee requested for payment of interest under s. 244(1A). The ITO fixed the case of hearing, but there was no compliance. He, therefore, disposed of the application of the assessee on merits. 4. According to the ITO interest under s. 244(1A) of the act would arise only on any refund arising as a result of any amount having been....

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....nnot be equated with the amount which was found to be paid in excess in appeal or any other proceedings. In the circumstances, the ITO came to the conclusion that the assessee was not entitled to any interest under s. 244(1A). 5. The assessee took up the matter to the CIT(A) who sustained the action of the ITO. Hence this appeal. 6. We have heard both the sides and have perused the orders of....