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

1 / 2 10-ITXA-1379-17.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1379 OF 2017 Principal Commissioner of Income Tax-2 .... Appellant versus Bank of India... Respondent ….... Mr.Suresh Kumar, Advocate for Appellant.Mr.Suresh Kumar, Advocate for Appellant. Mr.Subhash Shetty, Advocate for Respondent.Mr.Subhash Shetty, Advocate for Respondent. CORAM : AKIL KURESHI & SARANG V. KOTWAL, JJ.DATE: 09[th] APRIL, 2019. P.C. : 1. This Appeal is filed by the revenue to challenge the judgment of Income Tax Appellate Tribunal. Following questionis presented for our consideration; “Whether on the facts and in the circumstances of thecase and in law, the Hon'ble ITAT was correct in law inholding that the interest portion of the refund issuedearlier has to be ignored for the purpose of calculatinginterest u/s 244A of the Income tax Act, 1961, payable 2 / 2 10-ITXA-1379-17.odt to the assessee, on refund arising out of the order givingeffect to order of appellate authority?” 2. Perusal of the impugned judgment of the Tribunalwould show that Tribunal has merely remanded the question of computation of interest payable to the assessee under section244A of the Income Tax Act, 1961, before the Assessing Officerfor fresh consideration. 3. That being the position, we do not find any question of law arising. Income Tax Appeal is dismissed. (SARANG V. KOTWAL, J.) (AKIL KURESHI, J.)