Income Tax Appellate Tribunal - Mumbai
Ge Asset Management Incorporated, ... vs Department Of Income Tax on 23 December, 2011
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCHES "G", MUMBAI
Before Shri R.S.Syal, AM and Shri D.K.Agarwal, JM
ITA No.3976/Mum/2010 : Asst. Year 2006-2007
The Addl.Director of Income-tax M/s.GE Asset Management
(IT) 3(1) Incorporated A/c. General Electric
Mumbai. Pension Trust, C/o.Pricewaterhouse
Vs.
Cooper Pvt. Ltd., CAs, PwC House
Plot No.18/A, Guru Nanak Road
(Station Road), Bandra (West)
Mumbai - 400 050.
PAN : AAATG3740P.
(Appellant) (Respondent)
Appellant by : Shri V.V.Shastri
Respondent by : Smt.Fereshte P.Sethna & Shri Ram Kakkar
Date of Hearing : 20.12.2011 Date of Pronouncement : 23.12.2011
ORDER
Per R.S.Syal, AM :
This appeal by the Revenue arises out of the order passed by the Commissioner of Income-tax (Appeals) on 10.02.2010 in relation to the assessment year 2006-2007.
2. The only effective ground is as under:-
"On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in allowing interest u/s 244A of the Act where the refund arose on account of self assessment tax without appreciating that the words "in any other case" occurring in sec.244A(1)(b) cannot be construed to include self assessment tax when it was not specifically included in clause (a) of sec. 244A(1) of the Act."
3. At the very outset the learned Counsel for the assessee contended that similar issue came up for adjudication before the Tribunal in assessee's own case in respect of assessment years 1999-2000 and 2003-2004, which decided the issue in favour of the assessee. Copy of the order dated 5th February, 2010 2 ITA No.3976/Mum/2010. M/s.GE Asset Management Incorporated A/c.
passed by the Tribunal in ITA Nos.3685 & 3686/Mum/2009 was placed on record. The learned A.R. contended that the facts and circumstances of the earlier years are similar to that of the year under consideration and the view taken by the Tribunal in assessee's favour should be upheld. The learned Departmental Representative could not controvert this submission. In the absence of showing any distinction in the facts of the instant year vis-à-vis in the earlier years already considered and decided by the Tribunal, respectfully following the precedent we uphold the impugned order on this score.
4. In the result, the appeal is dismissed.
Order pronounced on this 23rd day of December, 2011.
Sd/- Sd/-
(D.K.Agarwal) (R.S.Syal)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai : 23rd December, 2011.
Devdas*
Sd/-
(R.K.Panda)
AM (Nominated)
Copy to :
1. The Appellant.
2. The Respondent.
3. The CIT concerned
4. The CIT(A)-X, Mumbai.
5. The DR/ITAT, Mumbai.
6. Guard File.
TRUE COPY.
By Order
Assistant Registrar, ITAT, Mumbai.