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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI SHAMIM YAHYA, AM & SHRI AMARJIT SINGH, JM
O R D E R
PER AMARJIT SINGH, JM:
The revenue has filed the present appeal against the order dated 17.02.2014 passed by the Commissioner of Income Tax (Appeals)-6, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the AY. 1990-91.
The revenue has raised the following grounds: - “
On the fact and in the circumstances of the case and in law, the learned CIT(A) has erred in relief 10 the assessee to the extent impugned in the grounds enumerated below:
1. The order of the C1T(A) is opposed is law and facts of the case,"
ITA. No. 3851/M/2014 A.Y. 1990-1991
2. On the facts and in the circumstances of the case and in law. the Ld. CIT (Appeal) failed to appreciate that as per the provision of section 244A, the assessee will the entitled to simple interest, whereas the direction given by the Ld, CIT(A) is contrary to the provision.
For these and other grounds that may be urged at the time of hearing, the decision of the C1T(A) may be set aside and that of the AO be restored," 3. The brief facts of the case are that the assessment of the assessee was completed u/s 133(3) of the Act on 01.08.1993 by assessing the total income of the assessee to the tune of Rs.6,48,83,390/- for the A.Y. 1990-91. Thereafter, the matter went up to the Hon’ble ITAT and the Hon’ble ITAT decided the matter controversy between the parties in ITA. No.3461/M/2009. The order giving effect to the said ITAT order dated 28.01.2011 was passed on 16.06.2011 in which the total income of the assessee was assessed to the tune of Rs.18,28,264/- vide order u/s 154 of the Act dated 20.02.2007. Subsequently an another order dated 01.05.2012 was passed u/s 154 of the Act 1961 in which the total income of the assessee was assessed to the tune of Rs.1,55,07,781/-. In the said order interest u/s 244A of the Act was worked out which was not acceptable to the assessee, therefore, the assessee filed an appeal before the CIT(A) who allowed the claim of the assessee, therefore, Revenue has filed the present appeal before us.
ISSUE Nos. 1 & 2:-
ITA. No. 3851/M/2014 A.Y. 1990-1991
Under these issues the revenue has challenged the decision of the Hon’ble CIT(A) on the basis of this fact that the assessee was only entitled to the simple interest in view of the provision u/s 244A of the Act. The Ld. Representative of the assessee has argued that the case of assessee has duly been covered in favour of the assessee by the decision of Bombay High Court in the case of sister concern title as CIT Vs. M/s. Tata Sons Ltd. in and also covered by decision of the assessee’s own case decided by Hon’ble ITAT for the A.Y. 1999-2000, 1998-99 & 1995-96. Therefore, in the said circumstances, the appeal of the revenue is liable to be dismissed. Before going further, we deemed it necessary to advert the finding of the CIT(A) on record.:-