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November 2013

Rectification: Interest: Sections 154 and 244A: A. Y. 2002-03: While giving effect to order of CIT(A) the assessee was allowed refund with interest u/s. 244A: Rectification u/s. 154 to withdraw interest is not sustainable: Question whether there was delay and to whom the delay was attributable is a debatable question of fact:

By K. B. Bhujle, Advocate
Reading Time 1 mins
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CIT Vs. Nathpa Jhakri Joint Venture; 261 CTR 110 (Bom):

In the assessment order giving effect to the order of the CIT(A), the Assessing Officer allowed refund and also interest u/s. 244A of the Income-tax Act, 1961. Subsequently, the Assessing Officer passed a rectification order withdrawing the interest allowed u/s. 244A of the Act. The Tribunal allowed the assessee’s appeal and cancelled the rectification order.

On appeal by the Revenue, the Bombay High Court upheld the decision of the Tribunal and held as under:

“Whether or not, there was a delay in the proceedings and to whom is such delay attributable is a question of fact, requiring investigation and therefore interest granted u/s. 244A could not be withdraw by rectification u/s. 154.”

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