itxa405-2013 IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 405 OF 2013 Director of Income Tax (IT) II .. Appellant. V/s. M/s. GE Asset Management Incorporated A/c, General Electric Pension Trust .. Respondent. Mr. Tejveer Singh, for Appellant. Ms. Fereshte Sethna with Ms. Khushboo Shah, Mr. Chirag Dave and Mr. Adhiraj Malhotra i/b. Dutt Menon Dunmorr Sett, for Respondent. CORAM: M.S.SANKLECHA, & G.S.KULKARNI, JJ. DATE : 11th MARCH, 2015. P.C: This Appeal under Section 260 of Income Tax Act, 1961 (the Act), challenges order dated 23rd December, 2011 passed by Income Tax Appellate Tribunal (the Tribunal) for Assessment Year 2006 07. 2 Revenue has formulated following question of law for our consideration: Whether on facts and circumstances of case, Tribunal was correct in holding that interest under section 244A is payable despite fact that refund is not payable under any of section/clauses of section 244A? 3 Mr. Tejveer Singh, learned Counsel appearing for Revenue very fairly states that question as proposed by Revenue stands S.R.JOSHI 1 of 2 ::: Uploaded on - 13/03/2015 ::: Downloaded on - 11/04/2020 12:12:13 ::: itxa405-2013 concluded against Revenue and in favour of Assessee by decision of this Court in Writ Petition No.823 of 2000 (The Stock Holding Corporation of India Ltd. v/s. N. C. Tewari ) rendered on 17 th November, 2014. In view of above, no substantial question of law arises for our consideration. 4 Accordingly, Appeal dismissed. No order as to costs. (G.S.KULKARNI,J.) (M.S.SANKLECHA,J.) S.R.JOSHI 2 of 2 ::: Uploaded on - 13/03/2015 ::: Downloaded on - 11/04/2020 12:12:13 ::: Director of Income-tax (IT)-II v. GE Asset Management Incorporated A/c, General Electric Pension Trust