- (1.) Present appeal has been filed by the Department under Section 260A of the Income-Tax Act, 1961, against the judgment and order dated 15.04.2004, passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. No.1293/Alld/95, for the assessment year 1992-93.
(2.) On 28.09.2004, a Coordinate Bench of this Court has admitted the appeal on the following substantial question of law:- "Whether the Income Tax Appellate Tribunal was legally justified in law and on facts of the case in adjudicating the issue relating to determination of period of delay attributable for claiming interest under section 244A ignoring the provisions of section 244A (2) according to which the Chief Commissioner or the Commissioner of Income Tax are only empowered to decide the period so attributable and whose decision shall be final and binding."
(3.) The brief facts of the case are that the return was filed by the assessee showing the income of Rs.30,49,770/- in the status of the Company. It is alleged that the assessee has not filed tax deducted at source (in short TDS) certificates along with the return of the income. Therefore, credit was not allowed in respect of the TDS certificates as the same was not filed along with the return of income. Subsequently, TDS certificates were filed along with the application under Section 154 of the Act. On 25.10.1994, the A.O. passed an order under Section 154, where the interest was not allowed under Section 244A in view of the delay on the part of the assessee. The A.O. observed that the delay is on the part of the assessee, so no interest shall be allowed. In first appeal, CIT(A) has confirmed the order passed by the A.O. by observing that the TDS certificates were not filed along with the return of the income. Therefore, credit was not given. It is only at the very late stage that TDS certificates were filed and refunds were issued. The delay is apparently attributable to the assessee-Company. Interest has been rightly denied. However, the Tribunal vide its impugned order has directed the A.O. to allow interest under Section 244A of the Act on the amount of refund for the period 01.04.1992 to 31.12.1992. Being aggrieved, the Department has filed the instant appeal.;