1989 (9) TMI 140

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion of law and said to arise out of the order of the Tribunal in ITA No. 1530/Bom/85 dt. 30th June, 1988 for the asst. yr. 1976-77: "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in allowing the assessee's claim for the interest under s. 244(1A) of the IT Act, on the tax paid payment under s. 140A(1) of the IT Act, 1961?" Inasmuch as in our opin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er on a sum of Rs. 1,09,911 for 13th March, 1980 to 17th Oct., 1980.  Aggrieved by the order of the ITO in granting interest only on the sum Rs. 1,09,911, the assessee preferred an appeal before the CIT(A). The CIT(A) directed the ITO to grant interest under s. 244(1A) on the sum of Rs. 12,29,001 from 1st Jan., 1980 to 17th Oct., 1980 (i.e. 9 months less one month). The CIT(A) however rejecte....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n accepted by the Department and the Supreme Court had also granted an interim stay against the judgment of the Delhi High Court. In such circumstances it is claimed that a question of law does arise and the same should be referred to the Hon'ble High Court of Bombay. 3. We are not impressed by the arguments put forth on behalf of the Department. The provisions of s. 140A(2) are quite explicit.....