JUDGMENT

HEGDE, J.:— The only question that arises for decision in this appeal is whether the assessee is entitled to claim interest on the refund which became due to him on the strength of the decision of this Court. The assessment in this case was completed long before the Income-tax Act, 1961 came into force. Under these circumstances, this case clearly comes within the scope of Section 297 (2) (i) of the Income-tax Act, 1961 and not under Section 66 (7) of the Indian 910 Income-tax Act, 1922. Under the new Act, there is no provision for payment of interest unless the same comes within the scope of Sec. 243 of that Act. It is not the case of the assessee that the facts of this case come within the scope of Sec. 243.

2. In the result, this appeal fails and the same is dismissed. But in the circumstances of the case, we make no order as to costs.

Appeal dismissed.

For citation:  AIR 1976 SC 909

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