OOCL Logistics (India) Private Limited v. The Deputy Commissioner of Income-tax-7(1), Mumbai
[Citation -2019-LL-0926-86]
| Citation | 2019-LL-0926-86 |
|---|---|
| Appellant Name | OOCL Logistics (India) Private Limited |
| Respondent Name | The Deputy Commissioner of Income-tax-7(1), Mumbai |
| Court | ITAT-Mumbai |
| Relevant Act | Income-tax |
| Date of Order | 26/09/2019 |
| Assessment Year | 2009-10 |
| Judgment | View Judgment |
| Keyword Tags | grant of interest • grant of refund • quantum appeal • tax liability • excess tax • application for rectification • mistake apparent from record |
| Bot Summary: | Ground 1- Grant of refund It is prayed that the learned AO be directed to refund INR 46,16,231 inclusive of interest under section 244A of the Act computed in the intimation passed under section 143 of the Act which is in the nature of amount paid in excess over the tax liability duly determined by the AO since the same does not 2 ITA No. 4265/ MUM/2018 Assessment Year: 2009-10 partake the nature of income tax and is refundable to the Appellant along with applicable interest under the Act. Ground 3- Non-receipt of refund by the Company The learned AO erred in determining the refund amounting to INR 7,350 in the assessment order passed under section 143 of the Act and not considering that the refund of INR 46,16,231 determined to be refundable under section 143 of the Act, shown as refunded to the Appellant had never been refunded nor has the same been adjusted against demand of any other Assessment Year(s). Ground 4- Short grant of interest under section 244A of the Act The appellant prays that the AO be directed to grant interest under section 244A of the Act by considering the period for which refund has not been actually refunded. At the outset, the Ld. counsel for the assessee submitted that the present appeal has become academic and does not require adjudication on merits in view of the fact that the ITAT has allowed the assessee s appeal ITA No. 6028/Mum/2016 against the order dated 08.07.2016 passed by the Ld. CIT(A) in quantum appeal, vide which the Tribunal has directed the AO to re- 3 ITA No. 4265/ MUM/2018 Assessment Year: 2009-10 determine the correct refund amount as well as interest due to the assessee and refund the same. The relevant portion of the written submissions made on behalf of the assessee company reads as under:- Your Honour may observe that both the Original Appeal and the captioned appeal were filed for non-receipt of refund of excess tax amount paid over tax liability as determined by the learned AO under section 143/143(3) of the Act. Hon ble Tribunal disposed the Original Appeal vide its order dated 25 July 2018 and remitted the matter back to the file of AO for re-determination of correct refund amount as well as interest due to the Company with a direction to grant legitimate refund as due to the Company. The Appellant would like to submit that since the ground for non-receipt of refund along with interest has already been considered by Hon ble Tribunal in the Original Appeal, the captioned appeal may e considered academic in nature. |