Sri. Aslam Ullah Khan, Mysore V. ITO, Mysore

ITA 253/BANG/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57495 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 29-02-2012
• Assessment Year: 1990-1991
• Appeal Filed On: 10-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SARAVANAN
• Assessee Lawyers: R KRISHNAMOORTHY
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER I.T.A. NO.253/BANG/2011 (ASSESSMENT YEAR : 1990-91) SHRI ASLAM ULLAH KHAN, 212, 2 ND STAGE UDAYAGIRI, MYSORE. . APPELLA NT. PAN ABIPK 0245Q VS. INCOME TAX OFFICER, WARD 1(4), MYSORE. .. RESPONDENT. APPELLANT BY : SHRI R. KRISHNAMOORTHY. RESPONDENT BY : SHRI B. SARAVANAN. DATE OF HEARING :29.02.2012. DATE OF PRONOUNCEMENT : 29.02.2012. O R D E R PER SMT. P. MADHAVI DEVI, J.M . : THIS IS ASSESSEES APPEAL FOR THE ASSESSMENT YEA R 1990-91. IN THIS APPEAL, THE ASSESSEE IS AGGRIEVED BY THE ORDER OF THE COMMISSIO NER OF INCOME TAX (APPEALS). MYSORE DT.29.12.2010 IN HOLDING THAT THE ASSESSEE WAS NOT ENTITLED TO INTEREST ON THE SUM OF RS.3,18,000 ORDERED TO BE REFUNDED ON THE GROUND TH AT THIS REFUND CANNOT BE CONSIDERED AS IN CONSEQUENCE TO THE HON'BLE TRIBUNALS ORDER. 2 ITA NO.253/BANG/11 2. THE LEARNED COUNSEL FOR THE ASSESS EE SUBMITTED THAT THIS ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE HON'B LE SUPREME COURT IN THE CASE OF SANDVIK ASIA LTD. VS. CIT & ANOTHER (2006) 280 ITR 643 (SC). 3. THE LEARNED DEPARTMENTAL REPRESENTA TIVE, HOWEVER, SUPPORTED THE ORDERS OF AUTHORITIES BELOW. 4. HAVING HEARD BOTH THE PARTIES, WE FIND THAT THIS ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF SANDVIK ASIA LTD. (SUPRA) WHEREIN IT WAS HELD THAT UNDER SECTION 244A OF THE ACT, THE ASSESSEE IS ENTITLED TO INTEREST ON THE REFUND. IN VIEW OF THE SAME, WE DIRECT THE ASSESSING OFFICER TO PAY THE INTEREST ON THE REFUND AMOUNT ALSO TO T HE ASSESSEE IN ACCORDANCE WITH THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE O F SANDVIK ASIA LTD. (SUPRA). ACCORDINGLY, THE ASSESSEES APPEAL IS ALLOWED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH FEB., 2012. SD/- SD /- (JASON P BOAZ) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED: 29.02.2012. *REDDY GP 3 ITA NO.253/BANG/11 COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, - A BENCH. 6. GUARD FILE. (TRUE COPY ) BY ORDE R ASSTT. REGISTRAR, ITAT, BANGALORE