Kotak Mahindra Bank Limited, Mumbai vs. DCIT 2(3)(1), Mumbai
In the result, all the grounds of appeal of assessee is allowed
ITA 4633/MUM/2025[2021-22]Status: DisposedITAT Mumbai03 Sept 2025AY 2021-22
Bench: Shri Pawan Singh& Smt.Renu Jauhri
Section 143(1)Section 143(3)Section 147Section 237Section 244ASection 244A(1)(a)Section 244A(1)(b)Section 246ASection 246A(1)(b)Section 246A(1)(i)
…appeal against the order giving effect is not maintainable. We find that in assessee’s own case in A.Y. 1995-96, on similar set of fact, the co-ordinate bench of Tribunal by following decision of jurisdictional High Court in Caltex Oil Refining Ltd. Vs CIT 202 ITR 275 (Bom) held that appeal against the order giving effect on the issue of grant of interest under section 244A is maintainable and the ld. CIT(A) ought to have entertained and disposed of the appeal on merit. Respectfully, following the decision of co-ordinate bench of this Tribunal, all the appeals of assessee are restored back to the file of l…