Bank of India v. ACIT-2(1), Mumbai
[Citation -2016-LL-0914-42]
| Citation | 2016-LL-0914-42 |
|---|---|
| Appellant Name | Bank of India |
| Respondent Name | ACIT-2(1), Mumbai |
| Court | ITAT-Mumbai |
| Relevant Act | Income-tax |
| Date of Order | 14/09/2016 |
| Assessment Year | 2000-01 |
| Judgment | View Judgment |
| Keyword Tags | assessment proceeding • adjustment of refund • rectification order • refund of tax • tax due |
| Bot Summary: | PAN No.AAACB0472C Assessee by Shri C. Naresh Department by Shri D.V. Singh Date of Hearing 26.8.2016 Date of Pronouncement 14.9.2016 ORDER Per B.R. Baskaran :- Both the appeals filed by the assessee are directed against the orders passed by Ld CIT(A)-4, Mumbai and they relate to the assessment years 2000- 01 and 2001-02. 115JA of the Act urged in AY 2000-01, the ld A.R submitted that the same has been considered and decided in favour of the assessee by the Tribunal while disposing of the appeal filed against the quantum assessment order, vide the order dated 29-01-2016 passed in ITA No.2883 to 2885/M/2013. 115JA of the Act urged in AY 2001-02, we notice that the same has been decided in favour of the assessee by the Tribunal in the order dated 09-04-2014 passed in ITA No.1498/Mum/2011 for AY 2001-02 against the original assessment proceeding orders. With regard to the issue relating to charging of interest u/s 244A of the Act in both the years, the Ld A.R submitted that an identical issue was considered by this bench of Tribunal in the assessee s own case relating to AY 2005-06 in ITA No.3002/Mum/2014 and it was restored to the file of the AO with certain directions. The Ld A.R submitted that the assessee has been receiving refunds upon passing of orders by the appellate authorities or upon passing of orders u/s 154 of the Act. In support of his contentions, the Ld A.R placed reliance on the decision rendered by the Tribunal in the assessee s own case in ITA No.5444 to 5446/Mum/2013 dated 22.12.2014 and also the decision rendered by the Tribunal in the case of Union Bank of India. In the result, both the appeals filed by the assessee are treated as partly allowed. |