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Sub-s. (2) of s. 244A provides that the assessee shall not be entitled to interest for the period of delay in issuing the proceedings leading to the refund that is attributable to the assessee. In other words, if the issue of the refund order is delayed for any period attributable to the assessee, then the assessee shall not be entitled to interest for such period. This is of course an exception to cls. (a) and (b) of s. 244A(1) of the Act. In other words, if the issue of the proceedings, that is, refund order, is delayed for any period attributable to the assessee, then the assessee is not entitled to interest of such period. Further, what is clear from sub-s. (2) is that, if the officer feels that delay in refund for any period is attributable to the assessee, the matter should be referred to the CIT or Chief CIT or any other notified person for deciding the issue and ordering exclusion of such periods for the purpose of granting interest to the assessee under s. 244A(1) of the Act. In this case, there was no decision by the CIT or Chief CIT on this issue and so much so, we do not think the AO made out the case of delay in refund for any period attributable to the assessee disentitling for interest. So much so, in our view, the officer has no escape from granting interest to the assessee in terms of s. 244A(1)(a) of the Act.

Shanti Prime Publication Pvt. Ltd.

Sec. 244A of Income-tax Act, 1961— Refund — Sub-s. (2) of s. 244A refers to the proceedings resulting in the refund which are delayed for the reasons attributable to the assessee and there is no allegation or material on record to suggest that any of the proceedings hit the assessees appeal before the Tribunal or remanded the proceedings before the CIT(A) whether in any manner delayed on account of the reasons attributable to the assessee, thus, the Tribunal was therefore correct in allowing the interest to the assessee— CIT vs. Melstar Information Technologies Ltd.[2020] 313 CTR 109 (BOM.

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