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The Tax Publishers Tata Sons Ltd. v. Asstt. CIT [ITA Nos. 5388 to 5394, 5396 5373 to 5377/Mum/2014, dt. 1-4-2016] : 2016 TaxPub(DT) 2145 (Mum-Trib) Rectification of interest on refund of income tax whether feasible *Facts:* Assessee became entitled to higher refund for the subject assessment years. The assessing officer while granting the refund deducted the already granted interest on refund and then computed the interest on refund which was not correct as he can only subtract the already granted refund but not interest amount on the same. Assessing officer accepted the same but while passing the rectification order reduced the interest already granted under section 244A. Assessee's plea was that this was a debatable point hence cannot fall in a rectification order thus went in appeal. Held by ITAT in favour of the assessee that both on merits as well as on the fact that debatable issues cannot be part of the rectification proceedings.

The Tax Publishers

Tata Sons Ltd. v. Asstt. CIT [ITA Nos. 5388 to 5394, 5396 5373 to 5377/Mum/2014, dt. 1-4-2016] : 2016 TaxPub(DT) 2145 (Mum-Trib)

Rectification of interest on refund of income tax whether feasible

Facts:

Assessee became entitled to higher refund for the subject assessment years. The assessing officer while granting the refund deducted the already granted interest on refund and then computed the interest on refund which was not correct as he can only subtract the already granted refund but not interest amount on the same. Assessing officer accepted the same but while passing the rectification order reduced the interest already granted under section 244A. Assessee's plea was that this was a debatable point hence cannot fall in a rectification order thus went in appeal.

Held by ITAT in favour of the assessee that both on merits as well as on the fact that debatable issues cannot be part of the rectification proceedings.