ACIT-CENTRAL CIRCLE -1, LUDHIANA vs. M/S AARTI INTERNATIONAL LTD., LUDHIANA

ITA 102/CHANDI/2022Status: DisposedITAT Chandigarh26 October 2022AY 2011-1227 pages
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What did the Tribunal hold?

The Tribunal held that the assessee is eligible for interest under Section 244A only from the date the additional ground of appeal was filed before the CIT(A), as the delay prior to that was attributable to the assessee. The time taken by the CIT(A) to dispose of the appeal cannot be excluded.

What were the facts?

The assessee claimed TUFS subsidy as a capital receipt for the first time in appeal before the CIT(A). The CIT(A) allowed this claim and directed the AO to reduce the assessed income. The assessee then claimed interest under Section 244A on the refund, which was partially allowed by the AO.

What were the issues?

Whether the assessee is entitled to interest under Section 244A for the period before the additional ground of appeal was raised, and whether the delay in refund is attributable to the assessee.

Which sections of the Income-tax Act were involved?

Section 244A,Section 244A(2),Section 154,Section 143(3)

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आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ “ए” , च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “A”, CHANDIGARH

"ी सुधांशु "ीवा"तव, "या"यक सद"य, एवं "ी "व"म "संह यादव, लेखा सद"य BEFORE: SHRI SUDHANSHU SRIVASTAVA, JM & SHRI VIKRAM SINGH YADAV, AM आयकर अपील सं./ ITA NO. 102/Chd/ 2022 "नधा"रण वष" / Assessment Year : 2011-12

ACIT- Central Circle-1 M/s Aarti International Ltd. बनाम SCO 1-6, 2nd Floor Opp. G.T. Road, Milerganj, B.V.M. School, Kitchlu Nagar, Ludhiana – 141001, Punjab Ludhiana- 141001, Punjab "थायी लेखा सं./PAN NO: AABCA4454C अपीलाथ"/Appellant ""यथ"/Respondent

"नधा"रती क" ओर से/Assessee by : Shri Subhash Aggarwal, Advocate राज"व क" ओर से/ Revenue by : Smt. Priyanka Dhar, Sr. DR

सुनवाई क" तार"ख/Date of Hearing : 26/09/2022 उदघोषणा क" तार"ख/Date of Pronouncement : 26/10/2022

आदेश/Order

PER VIKRAM SINGH YADAV, A.M. :

This is an appeal filed by the Revenue against the order of Learned Commissioner of Income Tax (Appeals)-5, Ludhiana [in short the ‘Ld. CIT(A)’] passed u/s 250(6) of the Income Tax Act, 1961 (in short ‘the Act’) dated 21/12/2021 pertaining to assessment year 2011-12, wherein the Revenue has taken the following grounds of appeal:

“1. Whether, in the

The order continues below.

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