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2017 Supreme(SC) 1437

A.K.SIKRI, ASHOK BHUSHAN
Engineers India Ltd. – Appellant
Versus
Commissioner of Income Tax – Respondent


Advocates Appeared:
For the Petitioner:Mr. Somnath Shukla, Mr. Udit Jain, Ms. Ashwini Chandrasekaran, Advocates and Mr. Harish Pandey, AOR.
For the Respondent:Mr. Maninder Singh, ASG, Mr. Arijit Prasad, Ms. N. Annapoorani, Advocates and Ms. Anil Katiyar, AOR.

ORDER :

Leave granted.

2. We have heard the learned counsel for the parties.

3. The issue pertains to grant of interest under Section 244 A of the Income Tax Act which is decided by the High Court vide impugned judgment against the assessee. The impugned judgment of the High Court reveals that another judgment of the Coordinate Bench of the same High Court in the case of Commissioner of Income Tax v. Sutlej Industries Ltd., (2010) 325 ITR 331 (Delhi) was cited wherein the view taken was that in such circumstances the assessee would be entitled to interest under Section 244 A of the Income Tax Act on the refund of the self-assessment tax. The High Court further did not agree with the aforesaid view and made the following observation:

"35. Having found the position of law as indicated above, we express, with respect, our inability to subscribe to, or follow, the view taken by the other Division Bench of this court in the case of Commissioner of Income Tax v. Sutlej Industries Ltd."

4. It is clear from the above that in the impugned judgment, the Bench has differed with the earlier view expressed by the Coordinate Bench. In the circumstances, the appropriate course of action was to refer t


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