The Revenue Being Aggrieved By The Order Of Cit(A) Filed An Appeal To The Tribunal. The Tribunal While Dismissing The Appeal Of The Revenue, Placed Reliance On v. In View Of The Decision Of This Court Stock Holding Corporation (Supra), No Substantial Question Of Law Arises For Consideration

dik IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 143 OF 2012 The Director of Income Tax (IT)-1 Mumbai ...Appellant. vsM/s Deutsche Bank AG...Respondent ..... Mr Tejveer Singh for the Appellant. Mr Percy Pardiwalla, Sr. Counsel a/w Mr B.D.Damodar i/b Kanga & Co. for the Respondent. ..... CORAM : M.S.SANKLECHA & S.C. GUPTE, JJ. NOVEMBER 19, 2014 P.C. : This appeal by the Revenue under Section 260A of Income Tax Act, 1961 ('Act') is from the order dated 15 June 2011 passed by the Income Tax Tribunal ( for short “ITAT”), dismissing the Revenue's appeal for the A.Y. 2001-02. 2The following question has been raised by the Revenue for our consideration: “Whether, on the facts and circumstances of the case and in law the Tribunal was justified in upholding the decision of CIT (A) of granting interest under section 244A on the self-assessment tax paid by the Assessee?” 3The Respondent – Assessee became entitled to refund for the A.Y. 2001-02 consequent to the order passed in appeal by the Commissioner of Income Tax (Appeals) (for short “CIT(A)”). However, the Assessing Officer while Pg 1 of 2 4.itxa.143.2012.doc passing an order giving effect to the order of CIT(A) did not grant interest due to the Petitioner on the amount refunded attributable to tax paid on self assessment under Section 140A of the Act. 4An Appeal was filed by the respondent from the order of Assessing Officer before the CIT(A). By order dated 19 February 2010, the CIT(A) allowed the appeal holding that in terms of Section 244A(1)(b) of the Act, assessee is entitled to interest on tax paid on self assessment under Section 140A of the Act. 5The Revenue being aggrieved by the order of CIT(A) filed an appeal to the Tribunal. The Tribunal while dismissing the appeal of the Revenue, placed reliance on the decisions of ACIT Vs Sandoz Ltd. (ITA 2863/M/05) (A.Y.2000-01) (dated 15 May 2006) and ACIT Vs Navartis India Ltd. (ITA No.4767/Mum/2005) A.Y.1999-00) (dated 16 August 2005), wherein it has been held that “in any other case” would certainly include cases where tax has been paid by way of self assessment. 6It is agreed by counsel that the issue is no longer res integra in view of the decision of this Court in case of Stock Holding Corporation of India Ltd Vs. CIT, rendered on 17 November 2014. In the above order it has been held that Section 244A(1)(b) of the Act would oblige the revenue to pay interest even on refunds arising from the tax paid by way of an self assessment under Section 140A of the Act. 7In view of the decision of this Court Stock Holding Corporation (supra), no substantial question of law arises for consideration. 8Accordingly, appeal is dismissed. There shall be no order as to costs. ( S.C.GUPTE J. ) ( M.S.SANKLECHA J. ) Pg 2 of 2