S.R. Batliboi & Co. LLP, Kolkata V. DCIT, Circle - 22, Kolkata, Kolkata

ITA 264/KOL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1097 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 23-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAMA BHATTACHARJEE
• Assessee Lawyers: DEBOBRATE GHOSH
• Keywords: Principle of natural justice
• Section: 143(3); 244A; 263; 154; 2

Judgement Text

, D , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D KOLKATA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.264/KOL/2016 ASSESSMENT YEAR:2006-07 S.R BATLIBOI & COMMISSION. LLP (A LIMITED LIABILITY PARTNERSHIP WITH LLP IDENTITY NO. AAB-4294) SUCCESSOR TO S.R. BATLIBOI & COMMISSION. A PARTNERSHIP FIRM EFFECTIVE 1 ST APRIL 2013) 22, CAMAC STREET, KOKATA-16 [ PAN NO.ACHFS 9180 N ] / V/S . DY. COMMISSIONER OF INCOME TAX, CIRCLE-22, KOLKATA /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI DEBOBRATE GHOSH, FCA /BY RESPONDENT SHRI ARINDAMA BHATTACHARJEE, DR /DATE OF HEARING 04-10-2017 /DATE OF PRONOUNCEMENT 08 -11-2017 /O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-6, KOLKATA DATED 31.12.2015. A SSESSMENT WAS FRAMED BY ACIT, CIRCLE-54, KOLKATA U/S 154 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORDER DATED 06.08.2013 FOR A SSESSMENT YEAR 2006-07. THE GROUNDS RAISED BY THE ASSESSEE PER ITS APPEAL ARE A S UNDER:- 1. THE LEARNED COMMISSION OF INCOME TAX (APPEALS)- 6 [CIT(A) FOR SHORT]HAS ERRED ON FACTS AND IN LAW IN TREATING THE SUM OF RS .3,20,046 GRANTED AS INTEREST U/S/. 244A AND INCLUDED IN THE AMOUNT REFUNDED ON 28-7-20 11 AS REFUND OUT OF TAXES PAID; 2. THE LEARNED CIT(A) HAS ERRED ON FACTS AND IN LA IN NOT DIRECTING THE LEARNED AO TO COMPUTE INTEREST ALLOWABLE UNDER SECTION 244A IN AC CORDANCE WITH THE EXPRESS ITA NO.264/KOL/2016 A.Y. 20 06-07 S.R.BATLIBOI & CO VS. DCIT, CIR-22, KOL PAGE 2 PROVISIONS OF SECTION 244A(3) OF THE ACT AND THEREB Y, NOT TO TREAT INTEREST GRANTED EARLIER AS AMOUNT REFUNDED TOWARDS TAXES. 3. THE LEARNED CIT(A)AS ERRED ON ACTS AND IN LAW IN NOT GRANTING INTEREST U/S.244A UPTO THE DATE OF ACTUAL GRANT OF REFUND. 4. THE ORDER OF THE LEARNED CIT(A) TO THE EXTEND IN DICATED ABOVE IS CONTRARY TO THE FACTS, LAW AND THE PRINCIPLES OF NATURAL JUSTICE. 5. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND AND / OR MODIFY ANY OF THE GROUNDS OF APPEAL AT OR BEFORE THE HEARING OF THE APPEAL. SHRI DEBOBRATE GHOSH, LD. AUTHORIZED REPRESENTATIVE APPEARED ON BEHALF OF ASSESSEE AND SHRI ARINDAM BHATTACHARJEE, LD. DEPARTMENTAL RE PRESENTATIVE APPEARED ON BEHALF OF REVENUE. 2. FIRST INTER-CONNECTED ISSUE RAISED BY ASSESSEE I N GROUND NO. 1 AND 2 IS THAT LD. CIT(A) ERRED IN ADJUSTING THE AMOUNT OF INTEREST OF 3,20,046/- GRANTED U/S 244A OF THE ACT AGAINST THE AMOUNT OF REFUND OF TAXES. 3. BRIEFLY, THE FACTS OF THE CASE ARE THAT ASSESSEE IS A PARTNERSHIP FIRM AND ENGAGED IN THE PROFESSION OF CHARTERED ACCOUNTANCY. THE ASS ESSEE WAS GRANTED REFUND IN CONSONANCE WITH THE ORDER OF LD. CIT(A) PASSED BY T HE ASSESSING OFFICER U/S 251 R.W.S 143(3) VIDE DATED 29.06.2010 ALONG WITH INTER EST U/S 244A OF THE ACT AS DETAILED UNDER:- REFUND RS.20,59,506 ADDED INTEREST U/S 244A RS. 1,85,355 TOTAL RS.22,44,861 SUBSEQUENTLY, AO REVISED HIS ORDER VIDE DATED 28.0 7.2011 AND COMPUTED THE AMOUNT OF REFUND AS UNDER:- REFUND RS.22,44,861 ADD INTEREST RS. 1,34,691 RS.23,79,552 SUBSEQUENTLY, THE AO FILED THE RECTIFICATION APPLIC ATION U/S 154 OF THE ACT AND AGAIN THE AO RECTIFIED HIS MISTAKE VIDE ORDER DATED 06.08 .2013 AND COMPUTED THE AMOUNT OF REFUND AS WELL AS INTEREST AS UNDER:- REFUND RS.41,76,267 LESS; R.V. ALREADY ISSUED VIDE NO.288516 DT.09.07. 09 RS.23,79,552 REFUND RS.17,96,715 ADD: INTEREST U/S 244A OF IT ACT RS. 1,84,575 NOW REFUNDABLE RS.19,81,290 ITA NO.264/KOL/2016 A.Y. 20 06-07 S.R.BATLIBOI & CO VS. DCIT, CIR-22, KOL PAGE 3 4. AGGRIEVED, ASSESSEE PREFERRED AN APPEAL BEFORE L D. CIT(A). THE ASSESSEE BEFORE LD. CIT(A) SUBMITTED THAT THE AMOUNT OF REFU ND WAS DETERMINED BY THE AO IN HIS ORDER PASSED U/S. 154 OF THE ACT DATED 06.08.20 13 FOR 41,76,267/- ONLY. HOWEVER, SAID AMOUNT WAS REDUCED BY THE AMOUNT OF REFUND ALR EADY GRANTED TO IT VIDE R.V NO.288516 DATED 28.07.2011 FOR 23,79,552/- INADVERTENTLY. THE BREAKUP OF THE REFUND AMOUNT ISSUED IN R.V. NO.288516 STAND AS UND ER:- AMOUNT OF REFUND RS.20,59,506 INTEREST U/S. 244A (VIDE ORDER DATED 29.6.10) RS. 1,85,355 INTEREST U/S 244A (VIDE ORDER DATED 28.7.11 RS. 1,34,691 IN VIEW OF ABOVE, THE ASSESSEE SUBMITTED THAT THE A MOUNT REPRESENTING THE REFUND OF TAX (NOT INCLUDING INTEREST GRANTED U/S 244A OF THE ACT ) SHOULD BE ADJUSTED AGAINST THE AMOUNT OF REFUND DETERMINED FOR 41,76,267/- U/S. 154 OF THE ACT VIDE DATED 06.08.2013. HOWEVER, LD. CIT(A) DISREGARDED THE CONTENTION OF A SSESSEES SUBMISSION AND CONFIRMED THE ORDER OF AO BY OBSERVING AS UNDER:- 5.1 I HAVE CONSIDERED THE SUBMISSIONS OF THE APPELL ANT EXPLAINING AS TO WHY THE COMPUTATION OF INTEREST U/S.244A OF THE ACT IS NOT CORRECT, IN ITS VIEW. THE FIRST POINT OF DISPUTE IS THAT INTEREST OF RS.3,20,046/- PAID ON 2 8.07.2011 U/S 244A WAS TREATED AS REFUND OUT OF TAXES PAID. THE APPELLANT AHS REFERRE D TO THE PROVISIONS OF SECTION 244A(3) AND AN ORDER OF THE LD. CIT(A)-VIII, KOLKAT A IN APPEAL NO.50/CIT(A)/KOL/11-12 DATED 17.05.2012 IN THE CASE OF ERNST & YOUNG (P) LTD. TO STATE THAT THE AO WAS NOT RIGHT IN TREATING THE REF UND OF RS.3,20,046/- GIVEN ON 28.07.2011 AS REFUND OF TAXES PAID AND NOT PAYMENT OF INTEREST, THEREBY REDUCING THE TOTAL INTEREST COMPUTED U/S.244A. WITH DUE RESPECT TO THE LD. CIT(A)-VIII, KOLKATA, I DO NOT AGREE WITH THE CONTENTION OF THE APPELLANT. SUB-SECTION (3) OF SECTION 244A MERELY LAYS DOWN THAT INTEREST PAYABLE U/S. 244A(1) WILL BE INCREASED / REDUCED IN CONSEQUENCE OF VARIOUS ORDERS, INCLUDING ORDERS OF APPELLATE AUTHORITIES, PASSED AFTER THE ORDER IN WHICH INTEREST U/S 244A(1) WAS FIRST G RANTED. THE SUB-SECTION, IN NO WAY, LAYS DOWN THAT THE INTEREST COMPUTED IN THE EARLIER ORDER WILL BE DEEMED TO HAVE BEEN PAID IN THE EARLIER REFUND FOR THE PURPOSE OF THE R EVISED COMPUTATION U/S.244A(3) OF THE ACT. THE SUB-SECTION(3) OF SECTION 244A, IN OTH ER WORDS, DOES NOT LAY DOWN THE PRIORITY FOR ADJUSTING TAXES OR INTEREST AGAINST TH E PRIOR PAYMENT OF REFUND. THUS, IN MY VIEW, THE AO WAS RIGHT IN TREATING THE EARLIER R EFUND INCLUSIVE OF THE INTEREST COMPUTED EARLIER U/S.244A(1) OF THE ACT AS OUT OF T AXES PAID. THERE IS ANOTHER REASON FOR TAKING THIS VIEW. AS THE INTEREST U/S. 244A WAS REVISED IN THE ORDER UNDER APPEAL, THE INTEREST COULD NOT HAVE BEEN SAID TO HAVE CRYST ALLIZED IN THE EARLIER ORDER SO AS TO INFER THAT THE INTEREST COMPUTED THEN HAD ALREADY B EEN PAID OUT. SUB-SECTION(3) OF SECTION 244A ONLY LAYS DOWN THAT INTEREST U/S. 244A WILL BE REDUCED OR INCREASED IN ACCORDANCE WITH SUBSEQUENT ORDERS AND DOES NOT PRES CRIBE THE METHOD OF COMPUTATION OF SUCH INCREASE OR REDUCTION. HENCE, THE APPELLANT S CONTENTIONS IN PART (A) OF THE ITA NO.264/KOL/2016 A.Y. 20 06-07 S.R.BATLIBOI & CO VS. DCIT, CIR-22, KOL PAGE 4 THIRD GROUND ARE REJECTED . AS REGARDS THE CONTENTIONS MADE REGARDING INCORRE CT COMPUTATION OF INTEREST U/S.244A IN PART (B) TO (D) OF THE THIRD GROUND, THE PROVISIONS OF SECTION 244A ARE CLEAR AND THE AO TO RECOMPUTE T HE INTEREST PAYABLE U/S. 244A, IN ACCORDANCE WITH LAW AN AFTER VERIFICATION, TILL THE DATE OF GRANT OF THE REFUND. ACCORDINGLY, THE APPELLANTS PRAYER FOR GRANT OF IN TEREST U/S.244A OF THE ACT TILL THE DATE OF APPELLATE HEARING IS REJECTED . AGGRIEVED BY THIS, THE ASSESSEE HAS COME UP IN APPE AL BEFORE US. 5. LD. AR FOR THE ASSESSEE FILED PAPER BOOK WHICH I S RUNNING PAGES FROM 1 TO 57 AND REITERATED THE SAME ARGUMENTS THAT WERE MADE BE FORE LD. CIT(A) AND HE RELIED ON THE ORDER OF THIS TRIBUNAL IN THE CASE OF DCIT VS. M/S ERNST & YOUNG PVT. LTD IN ITA NO.1159/KOL/2012 FOR A.Y 2003-04 DATED 30.04.2014. THE RELEVANT EXT RACT OF THE CIT-A ORDER AND HONBLE TRIBUNAL ORDER IS REPRODUCE D BELOW:- A) IN TREATINGRS.2,29,85,384/- REFUND ON 30.9.05 AS REFUND OUT OF GTAX PAID EVEN THOUGH IT INCLUDED RS.31,63,564 TOWARDS INTEREST /S 244A OF THE INCOME TAX ACT. B) IN GRANTING INTEREST ON RS.1,49,79,822 FOR THE P ERIOD 1.10.2005 TO 31.7.06 INSTEAD OF GRANTING INTEREST ON RS.1,81,43,386 AND CONSEQUE NTLY GRANTING SHORT INTEREST; C) IN NOT GRANTING INTEREST ON RS.44,78,062 FROM 28 .7.06 TO 31.7.06 I.E. FOR 1 MONTH AS PER PROVISIONS OF RULE 119A OF THE INCOME TAX RULES ; D) IN GRANTING INTEREST ON RS.1,94,57,884 FOR THE P ERIOD 1.8.06 TO 28.2.07 INSTEAD OF GRANTING INTEREST ON RS.2,26,21,448 AND CONSEQUENTL Y GRANTING SHORT INTEREST; E) IN GRANTING INTEREST ON RS.3,05,88,892 FOR THE P ERIOD 1.3.07 TO 29.3.07 INSTEAD OF GRANTING INTEREST ON RS.3,44,19,137 AND CONSEQUENTL Y GRANTING SHORT INTEREST; F) IN REDUCING R.6,66,681 BEING INTEREST GRANTED IN ORDER DT 29.3.07 PASSED U//S 154/251/143(3) OF THE ACT TWICE. ONCE AS REFUND GRA NTED ON 29.3.07 AND AGAIN AS PART OF RS.2,07,91,649 REFUNDED ON 30.3.07 G) IN REDUCING RS.2,07,91,469 INSTEAD OF RS.2,07,91 ,649 REFUNDED ON 30.3.07 BY ADJUSTMENT AGAINST DEMAND OF AY 2005-06 H) IN GRANTING INTEREST ON RS.97,97,423 FOR THE PER IOD 1.4.07 TO 31.3.09 INSTEAD OF GRANTING INTEREST ON RS.1.42,94,169 AND CONSEQUENTL Y GRANTING SHORT INTEREST. AGAINST THE ABOVE ORDER OF LD. CIT(A), REVENUE FILE D AN APPEAL RAISING THE GROUND OF APPEAL AS UNDER : 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN GRANTING INTEREST U/S. 244A ON INTEREST AN D ALSO HOLDING THAT WHILE ISSUING REFUND INTEREST AMOUNT WILL TAKE PRIORITY B EFORE PRINCIPAL AMOUNT. THE REVENUE HAS RAISED THE ABOVE GROUND AND THE FIN DING OF THE HON'BLE CO-ORDINATE BENCH IS ALSO REPRODUCED BELOW:- THE LD. CIT, DR STATED THAT THE COMPUTATION OF CIT( A) IS WRONG BUT HE COULD NOT POINT OUT WHICH PART OF CIT(A)S ORDER IS WRONG AND HOW. HE COULD NOT IDENTIFY MISTAKE IN ALLOWING INTEREST U/S.244A OF THE ACT. D ESPITE THE ENTIRE FACTS AVAILABLE IN ITA NO.264/KOL/2016 A.Y. 20 06-07 S.R.BATLIBOI & CO VS. DCIT, CIR-22, KOL PAGE 5 THE ORDER OF CIT(A), THE LD. CIT,DR COULD NOT POINT OUT ANY ERROR, WE FEEL THAT THE DIRECTIONS OF CIT(A) ARE AS PER LAW AND WE UPHOLD T HE SAME. THIS APPEAL OF REVENUES APPEAL IS DISMISSED. ON THE OTHER HAND, LD. DR VEHEMENTLY RELIED ON THE ORDER OF AUTHORITIES BELOW. 6. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IN THE INSTANT CASE, THE AMOUNT OF REFUND WAS DETERMINED BY THE AO THREE TIMES. THE RELEVANT DETA ILS OF THE REFUND DETERMINED BY THE AO ALONG WITH THE INTEREST U/S.244A OF THE ACT STAND AS UNDER:- SL.NO DATE OF ORDER AMOUNT REFUND INTEREST TOTAL 1 29.6.10 20,59,506 1,85,355 22,44,861 2 28.7.11 22,44,861 1,34,691 23,79,552 FROM THE ABOVE, IT IS TRANSPIRED THAT THE AMOUNT OF REFUND WAS GRANTED AT 20,59,506/- BUT THE AMOUNT OF INTEREST WAS REVISED TO 3,20,046/-. HOWEVER, THE ABOVE ORDER WAS SUBSEQUENTLY RECTIFIED U/S 154 OF THE ACT VIDE ORDE R DATED 06.08.2013 WHERE THE AMOUNT OF REFUND OF 3,20,046/- WAS ADJUSTED AGAINST THE AMOUNT OF REFUN D DUE TO ASSESSEE. THUS, FROM THE ABOVE WE NOTE THAT THE AMO UNT OF INTEREST WRONGLY GOT ADJUSTED WITH THE AMOUNT OF REFUND DUE TO ASSESSEE. AS SUCH, THE AMOUNT OF 20,59,506/- ORIGINALLY DETERMINED AS REFUND TO ASSE SSEE SHOULD HAVE BEEN ADJUSTED AGAINST THE AMOUNT OF REFUND DETERMINED U/S 154 OF THE ACT. THUS, AFTER HAVING RELIANCE ON THE ORDER OF CO-ORDINATE BENCH IN ITA N O.1159/KOL/2012 (SUPRA) AND RESPECTFULLY FOLLOWING THE DECISION OF THIS TRIBUNA L, WE DIRECT THE AO TO COMPUTE THE AMOUNT OF INTEREST UNDER SECTION 244A OF THE ACT IN LIGHT OF ABOVE DISCUSSION AND IN ACCORDANCE WITH THE LAW. THUS WE REMAND THE MATTER BACK TO THE FILE OF AO TO COMPUTE THE INTEREST ON REFUND IN ACCORDANCE WITH L AW. CONSEQUENTLY, THIS GROUND OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 7. NEXT ISSUE RAISED BY ASSESSEE IN THIS APPEAL IS THAT LD. CIT(A) ERRED IN NOT GRANTING INTEREST U/S.244A OF THE ACT UPTO THE DATE OF ACTUAL DATE OF REFUND. 8. AT THE OUTSET, LD. AR BROUGHT TO OUR NOTICE THAT THE AMOUNT OF REFUND WAS DETERMINED VIDE ORDER DATED 06.08.2013 U/S. 154 OF THE ACT AND THE INTEREST U/S. 244A OF THE ACT WAS COMPUTED UPTO THE DATE OF ORDER. HOW EVER, THE REFUND WAS ACTUALLY ITA NO.264/KOL/2016 A.Y. 20 06-07 S.R.BATLIBOI & CO VS. DCIT, CIR-22, KOL PAGE 6 GRANTED TO THE ASSESSEE VIDE INCOME TAX REFUND ORDE R DATED 18.02.2014 FOR 19,81,290/-. LD. AR IN SUPPORT OF ASSESSEES CLAIM DREW OUR ATTENTION ON PAGE 6 OF THE PAPER BOOK WHERE THE REFUND VOUCHER ISSUED BY T HE INCOME TAX DEPARTMENT DATED 18.02.2014 WAS PLACED. LD. AR PRAYED BEFORE THE BEN CH TO GIVE DIRECTION TO GRANT AMOUNT OF INTEREST U/S.244A OF THE ACT TILL THE DAT E OF ACTUAL REFUND GRANTED TO ASSESSEE. ON THE OTHER HAND, LD. DR RAISED NO OBJECTION IF TH E DIRECTION IS GIVEN TO AO TO COMPUTE THE AMOUNT OF INTEREST U/S.244A OF THE ACT AS PER THE PROVISION OF LAW. 9. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN THE INSTANT ISSUE, AO IS DIRECTED TO GRANT THE AMOUNT OF REFUND AS PER THE PROVISION OF SECTION 244A OF THE ACT. IN THIS REGARD, WE RELY ON THE ORDER OF ASSESSEES OWN CASE IN ITA NO.2078/KOL/2014 FOR A.Y 2011-12 DATED 13.09.2017 WHEREIN THE TRIBUNAL HAS HELD AS UNDER:- 8. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUG H THE FACTS AND CIRCUMSTANCES OF THE CASE. THE ISSUE IN RESPECT TO INTEREST ON REFUND AND THE ISSUE IS NO LONGER RES INTEGRA . THE HON'BLE BOMBAY HIGH COURT, NAGPUR BENCH IN SUNFLAG IRON & STEEL CO. LTD. VS. CBDT ()(2016) 387 ITR 674 (BOM) AFTER TAKING NOTE OF THE DECISION OF HON'BLE SUPREME COUR T IN CIT VS. GUJARAT FLUORO CHEMICALS (2013) 358 ITR 291 (SC) AND CIT VS. H.E.G . LTD. (2010) 324 ITR 331 (SC), UNION OF INDIA VS. TATA CHEMICALS LTD. (2 014) 363 ITR 658 (SC) AND OTHER CASES, HAS OBSERVED AS UNDER:- 19. IT COULD THUS CLEARLY BE SEEN THAT THE HON'BLE APEX COURT IN UNEQUIVOCAL TERM HELD THAT THE EXPRESSION OTHER PROCEEDINGS UNDER THE ACT USED IN SECTION 240 OF THE ACT IS WIDE ENOUGH TO INCLUDE ANY ORDER PASSED IN PROCEEDINGS OTHER THAN THE APPEALS UNDER THE ACT. THEIR LORDSHIPS FURTHER HOLD THAT THE OTHER PROCEEDINGS U NDER THE ACT WOULD INCLUDE ORDERS PASSED UNDER SECTION154, ORDERS PASS ED BY THE HIGH COURT OR SUPREME COURT UNDER SECTION 260 OR ORDERS PASSED BY THE COMMISSIONER IN REVISION APPLICATIONS UNDER SECTION 263 OR IN AN APPLICATION UNDER SECTION 273A OF THE ACT. 20. IT HAS FURTHER BEEN OBSERVED THAT THE TAX REFUN D IS A REFUND OF TAXES WHEN THE TAX LIABILITY IS LESS THAN THE TAX PAID. I T HAS FURTHER BEEN HELD THAT THE PAYMENT OF INTEREST IS A KIND OF COMPENSAT ION OF USE AND RETENTION OF MONEY COLLECTED UNAUTHORIZEDLY BY THE DEPARTMENT. IT HAS FURTHER BEEN HELD THAT WHEN THE COLLECTION IS ILLEG AL, THERE IS CORRESPONDING OBLIGATION OF THE REVENUE TO REFUND S AID AMOUNT WITH INTEREST, INASMUCH AS THEY HAVE ENJOYED THE MONEY D EPOSITED. 9. IN THE LIGHT OF THE AFORESAID OBSERVATION OF THE HON'BLE BOMBAY HIGH COURT, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMAND THE MATTER BACK TO THE FILE ITA NO.264/KOL/2016 A.Y. 20 06-07 S.R.BATLIBOI & CO VS. DCIT, CIR-22, KOL PAGE 7 OF THE AO TO COMPUTE THE INTEREST ON REFUND IN ACCO RDANCE TO LAW. THIS GROUND OF APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PU RPOSES. WE RESPECTFULLY, FOLLOWING THE VIEW OF THE TRIBUNAL , ON THIS ISSUE, SET ASIDE THE ORDER OF LD. CIT(A) AND REMAND THE MATTER BACK TO THE FIL E OF AO TO COMPUTE THE INTEREST ON REFUND IN ACCORDANCE WITH LAW. CONSEQUENTLY, THIS G ROUND OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 10. GROUND NO. 4 & 5 ARE GENERAL IN NATURE AND DO N OT REQUIRE ANY SEPARATE ADJUDICATION. 11. IN THE RESULT, FOR STATISTICAL PURPOSE, THE APPEAL OF ASSESSEE IS TREATED AS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 08/11/2017 SD/- SD/- ( % ') ( ') (S.S.VISWANETHRA RAVI) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER *DKP, SR.P.S ) - 08/11/2017 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT- APPELLANT-S.RBATLIBOI & CO. LLP, 22 CAMAC STREET, K OL-16 2. / RESPONDENT-DCIT, CIRCLE-22, KOLKATA 3. , - / CONCERNED CIT 4. - - / CIT (A) 5. . %%, , , / DR, ITAT, KOLKATA 6. 2 / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY HEAD OF OFFICE/DDO ,,