Pr. Commissioner of Income-tax-2 v. Central Bank of India
[Citation -2019-LL-1014-82]
| Citation | 2019-LL-1014-82 |
|---|---|
| Appellant Name | Pr. Commissioner of Income-tax-2 |
| Respondent Name | Central Bank of India |
| Court | HIGH COURT OF BOMBAY |
| Relevant Act | Income-tax |
| Date of Order | 14/10/2019 |
| Assessment Year | 2008-09 |
| Judgment | View Judgment |
| Keyword Tags | interest • refund |
| Bot Summary: | This appeal under Section 260A of the Income Tax Act, 1961 challenges the order dated 22nd July, 2016 passed by the Income Tax Appellate Tribunal. The Revenue has urged only the following substantial question of law for our consideration :- Whether on the facts and in the circumstances of the case and 1 of 3 ::: Uploaded on - 17/10/2019 ::: Downloaded on - 18/10/2019 17:20:17 ::: Uday S. Jagtap 946-17-ITXA-99.doc in law, the Tribunal was correct in holding that the interest portion of the refund issued earlier has to be ignored for the purpose of calculating interest u/s 244A of the Income Tax Act, 1961, payable to the assessee, on refund arising out of the order giving effect to other of appellate authority 3. The impugned order of the Tribunal dismissed the appeal by following its order in respect of the same respondent on an identical isssue for the Assessment Years 1991-92, 1997-98, 1999-2000, 2007- 08 and 2008-09. Decided on 31st December, 2014 wherein identical controversy was adjudicated in favour of the assessee. Mr. Suresh Kumar, learned Counsel appearing for the Revenue very fairly states that the Revenue s appeal against the aforesaid order of the Tribunal dated 31 st December, 2014 being Income Tax Appeal Nos. This by following the decision of this Court in Commissioner of Income Tax Vs. M/s. Tata Power Co. Ltd. decided on 7th July, 2015. In the above view, as the issue stands concluded by the decision of this Court, the question as proposed does not give rise to any substantial question of law. |