ACIT-2(1)(1), MUMBAI v. M/S BANK OF BARODA, MUMBAI

IN THE I NCOME TAX APPELLATE TRIBUNAL B BENCH MUMBAI BEFORE : SHRI M.BALAGANESH AM & SHRI RAVISH SOOD JM ITA NO. 561 8 /MUM/ 20 19 ( ASSESSMENT YEAR : 2004 - 05 ) ACIT CIRCLE - 2(1)(1) ROOM NO.561 5 TH FLOOR AAYAKAR BHAVAN M.K.ROAD MUMB AI 400 020 VS. M/S. BANK OF BARODA C - 26 G - BLOCK BARODA CORPORATE CENTRE BANDRA - KURLA COMPLEX BANDRA (E) MUMBAI 400 051 PAN/GIR NO. AAACB1534F (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI RAHUL RAMAN REVENUE BY SHRI C. NARESH DA TE OF HEARING 0 3 / 03 /202 1 DATE OF PRONOUNCEMENT 08 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 561 8 /MUM/2019 FOR A.Y. 2004 - 05 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 4 MUMBAI IN APPEAL NO. CIT(A) - 4/E - FILE - 118 /ACIT 2(1)(1)/2018 - 19 DATED 12 /06/2019 (LD. CIT(A) I N SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S. 1 54 OF THE INCOME TAX ACT 1961 (HEREIN AFTER REFERRED TO AS ACT) DATED 31/10/2018 BY THE LD. ASST. COMMISSIONER OF INCOME TAX CIRCL E 2(1)(1) MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 5619/MUM/2019 M/S. BANK OF BARODA 2 2 . THE GROUND NOS. 1 & 2 IS WITH REGARD TO GRANT OF INTEREST OF REFUND U/S.244A OF THE ACT AND THE METHOD OF COMPUTATION OF INTEREST U/S.244A THEREON. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND THAT THE ISSUE HAS ALREADY BEEN THE SUBJECT MATTER OF ADJUDICATION BY THIS TRIBUNAL IN ASSESSEES OWN CASE FOR A.Y.1995 - 96 IN ITA NO.1646 AND 2565/MUM/2017 DATED 20/12/2018 AUTHORED BY THE UNDERSIGNED WHICH HAS BEEN RELIED UPON BY THE LD. CIT(A) WHILE GRANTING RELIEF TO THE ASSESSEE. THE OPERATIVE PORTION OF THE SAID ORDER IS REPRODUCED TOGETHER WITH THE FACTS BY THE LD. CIT(A) IN HIS ORDER FROM PAGES 3 TO 13 THEREON. HENCE THE SAME IS NOT REPRODUCED HEREIN FOR THE SAKE OF BREVITY. RESPECTFULLY FOLLOWING THE DECISION OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR A.Y.1995 - 96 REFERRED TO SUPRA WE FIND NO INFIRMITY IN THE ORDER OF THE LD. CIT(A) IN THIS REGARD . ACCORDINGLY THE GROUND NOS. 1 & 2 RAISED BY THE REVENU E ARE DISMISSED. 4 . IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 08 / 03 /202 1 BY WAY OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( RAVISH SOOD ) SD/ - (M.BALAGANESH) JUDICIA L MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 08 / 03 / 2021 KARUNA SR.PS ITA NO . 5619/MUM/2019 M/S. BANK OF BARODA 3 COPY OF THE ORDER FORWARDED TO : BY ORDER ( ASSTT. REGISTRAR) ITAT MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. //TRUE COPY//