Pr. Commissioner Of Income Tax-2 v. Bank Of India

Digitallysigned bySHRADDHASHRADDHAKAMLESHKAMLESHTALEKARTALEKARDate:2022.07.0416:17:55+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 370 OF 2018 Pr. Commissioner of Income Tax-2 .. Appellant Vs.Bank of India .... Respondent **** Mr. Suresh Kumar for appellant.Mr. Subhash S. Shetty for respondent. **** CORAM : DHIRAJ SINGH THAKUR ANDABHAY AHUJA, JJ.DATE : 29[th] JUNE 2022 PC : 1.This appeal is fled by the respondent challenging thejudgment and order dated 14[th] September 2016 relevant to theassessment year 2000-01 proposing the following substantialquestions of law : Q-1. Whether on the facts and in thecircumstances of the case and in law, the Hon’bleITAT was correct in law in holding that the interestportion of the refund issued earlier has to beignored for the purpose of calculating interest u/s244A of the Income Tax Act, 1961, payable to theassessee, on refund arising out of the order givingeffect to order of appellate authority? Q-2.Whether on the facts and circumstances ofthe case, the Hon’ble Tribunal was correct in law,in interpreting the provisions of section 244A of theIncome Tax Act, 1961? 2.However, learned counsel for the respondent has drawn ourattention to the judgment and order dated 9[th] April 2017 passedby a Division Bench of this Court in Income Tax Appeal No.1379 of2017 for the assessment year 2001-02 arising out of a commonorder passed by the ITAT dated14[th] September 2016, dismissingthe appeal on the ground that no question of law arose in the saidappeal. 3.We have gone through the judgment and order passed bythe Tribunal which is in fact an order of remand to the AssessingOffcer for the purpose of fresh consideration on the question ofcomputation of interest under section 244A of the Income Tax Act,1961. 4.Be that as it may, no substantial question of law arise in thepresent appeal. 5.The appeal is accordingly dismissed. [ABHAY AHUJA, J.] [DHIRAJ SINGH THAKUR, J.]