PATEL KNR JV,, MUMBAI v. ACIT CIR 24(1), MUMBAI

ITA 279/MUM/2009 | 2002-2003
Pronouncement Date: 15-07-2011 | Result: Allowed

Appeal Details

RSA Number 27919914 RSA 2009
Assessee PAN AAAAP1496N
Bench Mumbai
Appeal Number ITA 279/MUM/2009
Duration Of Justice 2 year(s) 6 month(s) 2 day(s)
Appellant PATEL KNR JV,, MUMBAI
Respondent ACIT CIR 24(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 15-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 15-07-2011
Date Of Final Hearing 28-06-2011
Next Hearing Date 28-06-2011
Assessment Year 2002-2003
Appeal Filed On 13-01-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH MUMBAI BEFORE SHRI R.V. EASWAR PRESIDENT AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER ITA NOS. 279 280 & 281/MUM/2009 (ASSESSMENT YEARS: 2002-03 2003-04 & 2004-05) M/S. PATEL KNR JV ACIT CIRCLE 24(1) PATEL ESTATE ROAD PRATYAKSHAKAR BHAVAN JOGESHWARI (W) VS. BANDRA KURLA COMPLEX MUMBAI 400102 BANDRA (E) MUMBAI 400051 PAN - AAAAP 1496 N APPELLANT RESPONDENT APPELLANT BY: SHRI MAYUR KISNADWALA RESPONDENT BY: SHRI JITENDRA YADAV O R D E R PER B. RAMAKOTAIAH A.M. THESE THREE APPEALS ARE BY THE ASSESSEE CONTESTING THE ACTION OF THE A.O. AND CIT(A) CONFIRMING THE WITHDRAWAL OF CREDIT FOR TAX DEDUCTED AT SOURCE ORIGINALLY ALLOWED IN RESPECT OF THE THREE A SSESSMENT YEARS. 2. ASSESSEE IS ENGAGED IN THE BUSINESS OF DEVELOPMENT OF INFRASTRUCTURAL PROJECTS AND HAD TAKEN CONTRACT WORK FROM NHAI. AS PER THE PROVISIONS OF THE ACT THE NHAI DEDUCTED TAX EVEN ON THE ADVANCES PAID AND ASSESSEE CLAIMED CREDIT OF TDS IN THE YEAR IN WHICH THE TDS MADE. ORIGINALLY THESE CREDITS WERE ALLOWED TO ASSESSEE. HOWEVER WHILE EX AMINING THE ISSUE OF CREDITS IN A.Y. 2005-06 THE A.O. PASSED RECTIFICAT ION ORDERS UNDER SECTION 154 AND 155(14) IN RESPECT OF THE ABOVE THREE ASSES SMENT YEARS WITHDRAWING CERTAIN CREDITS TO THE ASSESSEE IN THE RESPECTIVE Y EARS WHICH WAS SUBJECT MATTER OF APPEALS BEFORE THE CIT(A). THE CIT(A) VI DE ORDER DATED 20.10.2008 BRIEFLY DISCUSSED THE ISSUE AND CONFIRMED THE ACTIO N OF THE A.O. ASSESSEE HAS RAISED VARIOUS GROUNDS IN RESPECT OF ALL THE TH REE YEARS THAT THE CIT(A) ERRED IN CONFIRMING THE ACTION OF THE A.O. IN WITHD RAWING THE CREDIT FOR TAX DEDUCTED AT SOURCE. ASSESSEE ALSO FILED ADDITIONAL GROUNDS OF APPEAL CONTESTING THE ISSUE THAT THE ORDER PASSED BY THE A .O. UNDER SECTION 154 IS ITA NOS. 279 280 & 281/MUM/2009 M/S. PATEL KNR JV 2 BAD IN LAW IN ALL THE THREE YEARS. THESE ARE CONSID ERED SEPARATELY FOR EACH YEAR. ITA NO. 279/MUM/2009: A.Y. 2002-03 3. IN THIS YEAR ASSESSEE HAS FILED RETURN OF INCOME OR IGINALLY DECLARING A LOSS OF ` 4 66 680/- AND CLAIMED PREPAID TAXES OF ` 33 35 306/-. THIS RETURN FILED ON 24.02.2003 WAS PROCESSED UNDER SECTION 143 (1) ON 09.03.2003 GRANTING REFUND AS WELL AS INTEREST OF ` 1 82 107/-. THE NET AMOUNT REFUNDABLE WAS DETERMINED AT ` 35 17 413/- WHICH WAS ISSUED TO THE ASSESSEE. IT WAS THE SUBMISSION THAT THE ORDER PASS ED UNDER SECTION 154 WITHDRAWING THE CREDIT ALLOWED WAS DATED 31.03.2008 AND WAS BEYOND FOUR YEAR PERIOD WITHIN WHICH THE ORDER CAN BE RECTIFIED . AS SEEN FROM THE ORDER UNDER SECTION 154 IT INDICATES THAT ASSESSEE FILED REVISED RETURN ON 24.02.2003 WHICH WAS PROCESSED ON 09-03-2003. A.O. PASSED THE ORDER U/S 154 FOR A.Y. 2002-03 WITHDRAWING THE CREDIT GIVEN. SINCE THE 143(1) ORDER WAS PASSED ON 09.03.2003 THE TIME LIMIT FOR PASSING RECTIFICATION ORDER UNDER SECTION 154 EXPIRED ON 31.03.2007. IN VIEW OF THIS THE ORDER PASSED ON 31.03.2008 BY THE A.O. IS BEYOND THE TIME LIMIT PERMITTED UNDER THE PROVISIONS OF SECTION 154. THE ADDITIONAL GROUND RA ISED BY ASSESSEE WITH REFERENCE TO THE ORDER BEING BAD IN LAW IS TO BE UP HELD. ACCORDINGLY WE UPHOLD THE ADDITIONAL GROUND FOR THIS YEAR ON THE I SSUE OF JURISDICTION AND THE ORDER U/S 154 PASSED BY THE A.O DT 31.03.08 IS SET ASIDE. GROUNDS IN THIS APPEAL ARE TREATED AS ALLOWED. ITA NO. 280/MUM/2009: A.Y. 2003-04 4. IN THIS YEAR ASSESSEE HAS ORIGINALLY CLAIMED TDS OF ` 86 59 733/- HOWEVER IT DID NOT ENCLOSE CERTAIN TDS CERTIFICATE S. THE ASSESSMENT ORDER UNDER SECTION 143(3) WAS PASSED ON 30.12.2005. ASSE SSEE FILED RECTIFICATION APPLICATION) ON 29.06.2005 IN WHICH THE TDS CERTIFI CATES FOR ` 67 60 649/- AND ` 2 19 961/- WHICH WERE NOT FILED ALONGWITH THE RETUR N OF INCOME WERE ENCLOSED. SINCE CONFIRMATION FROM THE NATIONAL HIGH WAY AUTHORITY OF INDIA FOR ISSUE OF TDS CERTIFICATES AND PAYMENT TO GOVERN MENT WAS RECEIVED ON 15.05.2006 AND SINCE THE TDS CERTIFICATES WERE PROD UCED WITHIN TWO YEARS FROM THE END OF THE ASSESSMENT YEAR IN WHICH THE SA ID AMOUNT WAS ITA NOS. 279 280 & 281/MUM/2009 M/S. PATEL KNR JV 3 ASSESSABLE THE A.O. AMENDED THE ORDER UNDER SECTIO N 155(14) OF THE I.T. ACT. HOWEVER ON THE BASIS OF THE RECONCILIATION FI LED BY THE ASSESSEE ON 24- 03-2008 THE A.O. GAVE CREDIT OF ` 66 80 046/- AS AGAINST THE TOTAL CLAIM OF ` 86 57 733/-.. SINCE THE A.O. PASSED ORDERS ON THE B ASIS OF THE APPLICATION FILED BY THE ASSESSEE ON 24.03.2008 THERE SHOULD N OT BE ANY GRIEVANCE. HOWEVER THE ASSESSEE CONTESTED THAT BALANCE TDS OF ` 36 47 437/- WHICH WAS NOT GIVEN CREDIT SHOULD BE GIVEN CREDIT IN THE YEAR. THE CIT(A) CONSIDERED THE PROVISIONS OF SECTION 199 AND CONFIR MED THE ORDER OF THE A.O. 5. AFTER CONSIDERING THE ARGUMENTS OF THE LEARNED COUN SEL AND THE LEARNED D.R. WE ARE OF THE OPINION THAT THERE IS NO NEED TO DIFFER FROM THE ORDER OF THE A.O. UNDER SECTION 155(14). PROVISIONS OF SECTION 155(14) ARE AS UNDER: - (14) WHERE IN THE ASSESSMENT FOR ANY PREVIOUS YEAR OR IN ANY INTIMATION OR DEEMED INTIMATION UNDER SUB-SECTION ( 1) OF SECTION 143 FOR ANY PREVIOUS YEAR [CREDIT FOR TAX DEDUCTED OR COLLECTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 199 OR A S THE CASE MAY BE SECTION 206C] HAS NOT BEEN GIVEN ON THE GROUND THAT THE CERTIFICATE FURNISHED UNDER SECTION 203 [OR SECTION 206C] WAS NOT FILED WITH THE RETURN AND SUBSEQUENTLY SUCH CERTIFICATE IS PRODUCE D BEFORE THE ASSESSING OFFICER WITHIN TWO YEARS FROM THE END OF THE ASSESSMENT YEAR IN WHICH SUCH INCOME IS ASSESSABLE THE ASSESS ING OFFICER SHALL AMEND THE ORDER OF ASSESSMENT OR ANY INTIMATION OR DEEMED INTIMATION UNDER SUB-SECTION (1) OF SECTION 143 AS THE CASE MAY BE AND THE PROVISIONS OF SECTION 154 SHALL SO FAR AS MAY BE APPLY THERETO : PROVIDED THAT NOTHING CONTAINED IN THIS SUB-SECTION SHALL AP PLY UNLESS THE INCOME FROM WHICH THE TAX HAS BEEN DEDUC TED [OR INCOME ON WHICH THE TAX HAS BEEN COLLECTED] HAS BEEN DISCL OSED IN THE RETURN OF INCOME FILED BY THE ASSESSEE FOR THE RELEVANT AS SESSMENT YEAR . AS CAN BE SEEN FROM THE ABOVE THE A.O. HAS TO EXAM INE WHETHER THE INCOME FROM WHICH TAX HAS BEEN DEDUCTED HAS BEEN DISCLOSED IN THE RETURN OF INCOME FILED BY THE ASSESSEE FOR THE RELEVANT ASSES SMENT YEAR. AS SUBMITTED BY THE ASSESSEE BEFORE THE A.O. IN THE RECONCILIATI ON STATEMENT THERE WAS TDS RECOVERED DURING THE YEAR ON ADVANCE TO THE EXT ENT OF ` 36 47 437/- WHILE TDS ON ADVANCES ADJUSTED DURING THE YEAR WAS ` 16 69 749/-. THE A.O. ON THE BASIS OF THE SUMMARY FILED HAS GIVEN CREDIT AS UNDER: - ITA NOS. 279 280 & 281/MUM/2009 M/S. PATEL KNR JV 4 TDS CLAIMED 86 57 733 LESS: TDS ON ADVANCES RECEIVED DURING THE YEAR 36 47 437 50 10 296 ADD: TDS ON ADVANCES RECOVERED DURING THE YEAR 16 69 749 TDS TO BE ALLOWED 66 80 046 ========== 6. IT WAS THE CONTENTION THAT THE ADVANCES RECEIVED SH OULD ALSO BE CONSIDERED FOR GIVING CREDIT AND THE LEARNED COUNSE L RELIED ON VARIOUS JUDGEMENTS OF THE ITAT STATING THAT THE ACTION OF T HE A.O. IS DISPUTABLE SO THE PROVISIONS ARE NOT APPLICABLE. SINCE THE ORDER WAS PASSED UNDER SECTION 155(14) AND NOT UNDER SECTION 154 AS WAS DONE IN A. Y. 2002-03 THE CASE LAW RELIED UPON WITH REFERENCE TO THE ORDER UNDER S ECTION 154 IS NOT APPLICABLE. THE A.O. IS WELL WITHIN THE PROVISIONS FOR EXAMINING WHETHER THE INCOME WAS OFFERED DURING THE YEAR BEFORE GIVING CR EDIT TO THE TAX. ACCORDINGLY IN OUR VIEW THERE IS NO NEED TO INTERF ERE WITH THE ORDER OF THE A.O. IN THE ASSESSMENT YEAR AS HE EXAMINED THE ISSU E AND RECONCILED THE INCOMES REFLECTED AND TDS MADE AS PER THE SECTION 1 55(14). THE ASSESSEE RAISED ADDITIONAL GROUND ON JURISDICTION TO PASS TH E ORDER U/S 154 AS BAD IN LAW WHEREAS THE AO INVOKED SECTION 155(14) AS PER THE REQUEST OF ASSESSEE. ACCORDINGLY THE GROUNDS AS WELL AS THE ADDITIONAL GROUNDS ARE REJECTED. ITA NO. 281/MUM/2009: A.Y. 2004-05 7. ASSESSEE CLAIMED A TOTAL CREDIT OF ` 1 67 30 205/- IN THE RETURN OF INCOME FILED. THE A.O. GRANTED TDS CREDIT OF ` 1 55 30 657/- IN THE ASSESSMENT ORDER PASSED ON 26.12.2006. ASSESSEE FIL ED RECTIFICATION APPLICATION ON 24.03.2008 SUBMITTING CERTAIN TDS CE RTIFICATES AND RECONCILIATION. THE A.O. DETERMINED THE TOTAL CREDI T TO BE GIVEN AT ` 2 04 45 657/- ON THE BASIS OF THE FOLLOWING RECONCI LIATION SUBMITTED: - TDS CLAIMED 1 67 30 205 LESS: TDS ON ADVANCES RECEIVED DURING THE YEAR 50 38 316 1 16 91 889 ADD: TDS ON ADVANCES RECOVERED DURING THE YEAR 87 53 768 -------------- TDS TO BE ALLOWED 2 04 45 657 ========== ACCORDINGLY HE GRANTED BALANCE CREDIT OF ` 49 15 000/-. ITA NOS. 279 280 & 281/MUM/2009 M/S. PATEL KNR JV 5 8. IT WAS THE CONTENTION OF THE ASSESSEE THAT THE CRED IT OF ` 50 38 316/- ON ADVANCES DURING THE YEAR WAS NOT GIVEN CREDIT. T HE CIT(A) CONFIRMED THE ACTION OF THE A.O. IN GIVING CREDIT TO THE EXTENT O F INCOME OFFERED AND ASSESSED. 9. IT WAS THE SUBMISSION OF THE LEARNED COUNSEL THAT T HE ISSUED OF CREDIT IS A DEBATABLE ONE AND FILED THE ORDERS OF THE ITAT IN THE CASE OF GROUP CONCERNS OF M/S PATEL ENGINEERING LTD. WHEREIN IT W AS HELD THAT THE ISSUE OF GIVING CREDIT IS A DEBATABLE ISSUE AND THE SAME CA NNOT BE RECTIFIED UNDER SECTION 154. 10. THE LEARNED D.R. HOWEVER SUBMITTED IN THE THIRD M EMBER DECISION IN THE CASE OF PRADEEP KUMAR DHIR VS. ACIT 107 ITD 118 WHEREIN IT WAS HELD THAT CREDIT CAN ONLY BE GIVEN TO THE EXTENT OF INCOME OF FERED. THEREFORE THE ASSESSING OFFICER ACTION GIVING CREDIT TO THE INCOME WITHIN THE PROVISIONS OF SECTION 199 CANNOT BE FAULTED. IT WAS FURTHER HIS SUBMISSION TH AT ASSESSEE ORIGINALLY CLAIMED TDS OF ` 1 67 30 205/- WHEREAS THE A.O. HAS ALLOWED ` 2 04 45 657/-. THEREFORE ASSESSEE SHOULD NOT HAVE ANY GRIEVANCE ON THE ISSUE. HE SUBMITTED THAT THE ORDER OF THE A.O. IS CORRECT BOTH ON FACTS AND LAW. 11. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. THE COORD INATE BENCH IN THE CASE OF M/S. PATEL ENGINEERING LTD. IN ITA NO. 6196 TO 6199/MUM/2008 DATED 1 ST JANUARY 2010 HAS CONSIDERED THE ISSUE OF GIVING CR EDIT OF ADVANCES AND HELD THAT THIS ISSUE IS DEBATABLE IN VIEW OF THE DE CISION OF THE COORDINATE BENCHES IN THE CASE OF TOYO ENGINEERING INDIA LTD. VS. JCIT 5 SOT 616 WHEREIN IT WAS HELD THAT CREDIT SHALL BE GIVEN FOR TAX DEDU CTED AT SOURCE ON PRODUCTION OF CERTIFICATE FOR THE ASSESSMENT YEAR IN WHICH SUC H INCOME IS ASSESSABLE WHICH IMPLIES THAT NEXUS BETWEEN TDS AND CORRESPOND ING INCOME ELEMENT WOULD REMAIN RATHER NOTIONAL/CONCEPTUAL AND THE DEC ISION OF THE COCHIN BENCH IN THE CASE OF SMT. PUSHPA VIJAY VS. ACIT 4 S OT 589 HOLDING THAT TDS MADE IN A PARTICULAR ASSESSMENT YEAR SHOULD BE GIVE N CREDIT IN ASSESSMENT OF RESPECTIVE ASSESSMENT YEAR ITSELF AS THERE IS NO PR OVISION TO DIVIDE THE TDS INTO DIFFERENT PROPORTIONATE PIECES. ON THIS BASIS OF TH ESE ORDERS AND ANALYSING THE FACTS OF THE CASE THE BENCH HELD THAT WITHDRAWING CREDIT ON ACCOUNT OF TDS ON ADVANCES IS A HIGHLY DEBATABLE ONE THEREFORE THE O RDERS WERE NOT SUSTAINABLE ITA NOS. 279 280 & 281/MUM/2009 M/S. PATEL KNR JV 6 IN LAW. HOWEVER THE COORDINATE BENCH HAS NOT CONSI DERED THE DECISION OF THE THIRD MEMBER IN THE CASE OF PRADEEP KUMAR DHIR VS. ACIT 107 ITD 118 (CHD) (TM) WHEREIN IT WAS HELD AS UNDER: - AS PER S. 199 CREDIT IS TO BE GIVEN TO THE ASSESSEE FOR THE AMOUNT DEDUCTED IN THE ASSESSMENT MADE UNDER THE ACT FOR T HE ASSESSMENT YEAR FOR WHICH THE INCOME IS ASSESSABLE. IMPORTANT CONDITIONS FOR GETTING BENEFIT OF TDS AS PER S. 199 ARE: (A) THE ASSESSEE SHOULD PRODUCE THE CERTIFICATE FOR THE AMOUNT OF TDS; (B) SHOW THAT IN COME SUBJECTED TO TDS IS DISCLOSED IN THE RETURN OF THE ASSESSMENT YEAR A S 'ASSESSABLE'. BOTH THE ABOVEMENTIONED CONDITIONS ARE TO BE SATISFIED. IT IS THEREFORE CLEAR THAT THE ASSESSEE WILL NOT BE ENTITLED TO HAVE BENE FIT OR CREDIT FOR THE AMOUNT THOUGH MENTIONED IN THE CERTIFICATE FOR THE ASSESSMENT YEAR IF INCOME RELATABLE TO THE AMOUNT IS NOT SHOWN AND IS NOT ASSESSABLE IN THAT ASSESSMENT YEAR. IF INSTEAD OF ENTIRE INCOME R EFERABLE TO AMOUNT OF TAX DEDUCTED ONLY A PORTION OF INCOME IS FOUND ASS ESSABLE THE BENEFIT HAS TO BE ALLOWED ONLY ON THE PORTION SHOWN. IF BAL ANCE INCOME ON ACCOUNT OF SYSTEM OF ACCOUNTING FOLLOWED BY THE ASS ESSEE OR FOR SOME OTHER REASON IS FOUND TO BE ASSESSABLE IN FUTURE T HEN THE CREDIT FOR THE BALANCE TDS CAN BE ALLOWED ONLY IN FUTURE WHEN INCO ME IS ASSESSABLE. CREDIT ALLOWED ON PRO RATA BASIS IN THE YEAR IN WHI CH THE CERTIFICATE IS ISSUED AND ALSO IN FUTURE WHERE BALANCE OR SUCH INC OME IS FOUND TO BE ASSESSABLE IS AS PER THE MANDATE OF PROVISION OF S. 199. ANY AMOUNT WHICH HAS NOT BEEN ASSESSED IN ANY YEAR BUT REFERRE D IN THE TDS CERTIFICATE CANNOT BE CLAIMED UNDER S. 199. THE CB DT CIRCULAR NO. 5 OF 2001 DT. 2ND MARCH 2001 ALSO SUPPORTS THE VIEW TH AT WHERE TAX IS DEDUCTED FROM THE AMOUNT WHICH IS LIABLE TO BE ASSE SSED AND SPREAD OVER MORE THAN ONE FINANCIAL YEAR CREDIT SHALL BE ALLOWED FOR TDS ON PRO RATA BASIS AND IN THE SAME PROPORTION IN WHICH SUCH INCOME IS OFFERED FOR TAXATION IN DIFFERENT ASSESSMENT YEARS. THE CON TENTION THAT THE CREDIT FOR THE TDS IS TO BE ALLOWED AS PER SYSTEM OF ACCOU NTING FOLLOWED BY THE ASSESSEE CANNOT BE ACCEPTED. NO CREDIT FOR TDS ON N ON- ASSESSABLE INCOME COULD BE CLAIMED. BENEFIT FOR THE TDS IS TO BE ALLOWED AS PER STATUTORY PROVISIONS CONTAINED IN S. 199. IT HAS NO THING TO DO WITH THE SYSTEM OF ACCOUNTING FOLLOWED BY THE ASSESSEE. THER E IS NO DISPUTE THAT THE REVENUE SHOULD HAVE A CONSISTENT APPROACH BUT T HE ABOVE PRINCIPLE OF LAW HAS NO APPLICATION WHERE INTERPRETATION OF S TATUTORY PROVISIONS IS INVOLVED. IF IN A PARTICULAR YEAR A STATUTORY PROVI SION WAS WRONGLY INTERPRETED AND APPLIED THE REVENUE CAN CORRECT TH E ERROR AS INCOME IS REQUIRED TO BE COMPUTED BY CORRECTLY APPLYING AND E NFORCING LAW. ERROR CANNOT BE PERPETUATED. THEREFORE ON CORRECT INTERP RETATION OF S. 199 AND FOR THE REASONS GIVEN ABOVE THE AO WAS RIGHT IN AL LOWING CREDIT FOR TDS ON PRO RATA BASIS. THE CREDIT FOR THE BALANCE AMOUN T MENTIONED IN THE CERTIFICATE IS TO BE ALLOWED IN THE YEAR IN WHICH S UCH INCOME IS DISCLOSED OR IS OTHERWISE FOUND TO BE ASSESSABLE BY THE REVEN UE RESPECTFULLY FOLLOWING THE SAME WE HOLD THAT THE O RDER OF AO IS CORRECT ACCORDING TO THE PROVISIONS OF LAW. IT IS ALSO SUB MITTED THAT THE ASSESSEE HAS ITA NOS. 279 280 & 281/MUM/2009 M/S. PATEL KNR JV 7 SUBSEQUENTLY MODIFIED THE METHOD OF CLAIMING CREDIT IN THE YEAR IN WHICH INCOME WAS OFFERED. THEREFORE WE DO NOT SEE ANY RE ASON TO INTERFERE WITH THE ORDERS OF THE A.O. GROUNDS RAISED ALONG WITH ADDITI ONAL GROUND ON ISSUE OF JURISDICTION ARE REJECTED. 12. HOWEVER CONSEQUENT TO CANCELLATION OF THE ORDER U/ S 154 MADE IN A.Y. 2002-03 IF ANY CREDIT ALLOWED IN THAT YEAR WA S ALSO ALLOWED IN ANY OTHER ASSESSMENT YEAR THE A.O. IS FREE TO WITHDRAW THE CR EDIT TO THAT EXTENT. AO IS DIRECTED TO PASS NECESSARY ORDERS. 13. ANOTHER GROUND RAISED IN ALL THE APPEALS IS WITH RE FERENCE TO GRANTING OF 244A INTEREST IN THE RESPECTIVE YEARS. THE A.O. IS DIRECTED TO EXAMINE THIS ISSUE AND GRANT INTEREST UNDER SECTION 244A IF THER E IS ANY REFUND TO BE GRANTED TO THE ASSESSEE CONSEQUENT TO ANY OF THE OR DERS PASSED. HE IS ALSO FREE TO EXAMINE IF ANY INTEREST IS PAYABLE CONSEQUE NT TO WITHDRAWAL OF ANY TDS OR REFUND. HE SHOULD PASS NECESSARY ORDERS DETA ILING THE CREDITS ALLOWED/ WITHDRAWN AND WORKING OF INTEREST AS PER THE PROVISIONS OF THE ACT. 14. IN THE RESULT APPEAL IN ITA NO. 279/MUM/2009 IS AL LOWED AND APPEAL IN ITA NO. 280/MUM/2009 AND ITA 281/MUM/2009 ARE DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JULY 2011. SD/- SD/- (R.V. EASWAR) (B. RAMAKOTAIAH) PRESIDENT ACCOUNTANT MEMBER MUMBAI DATED: 15 TH JULY 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXIV MUMBAI 4. THE CIT XXIV MUMBAI CITY 5. THE DR C BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.