Law: Income Tax Act, 1961

Section: 260A,143(3),14A,244A,142(1),10(33),140A, 156,209,210,211

ORDER R.K. Gauba, J. - This appeal under Section 260-A of the Income Tax Act, 1961 assails the order dated 30.09.2011 of Income Tax Appellate Tribunal (hereinafter referred to as "the ITAT") passed in Income Tax Appeal No. 5392/Del/2010 in respect of the respondent (assessee) for assessment year 2006-2007, holding the assessee to be entitled to interest under Section 244A on the excess self-assessment tax paid under Section 140A, thereby upholding the order dated 20.09.2010 to such effect passed by Commissioner of Income Tax (Appeals) (hereinafter referred to as "the CIT (Appeals)" in appeal No. 75/2010-2011 that had been preferred by the assessee against the order dated 31.12.2008 of the Assessing Officer (AO) under Section 143(3). 2. Though the appellant had also raised questions in respect of deletion of the amount of Rs. 69 Lacs which had been added by the AO by invoking Section 14A read with Rule 8D of the Income Tax Rules, the appeal to that extent was not entertained as the calculation of disallowance under Section 14A was found covered by the ruling in Maxopp Investment Ltd. v. CIT [2012] 347 ITR 272/[2011] 203 Taxman 364/15 taxmann.com 390 (Delhi). 3. By order dated 22.09.2014, the following substantial question of law was formulated:- "Whether on the facts and circumstances of case, the Income Tax Appellate Tribunal was correct in law in confirming the order of the CIT(A) that the assessee shall be entitled to interest under Section 244A of the Income Tax Act, 1961 in respect of excess self assessment tax paid? " 4. The background facts relevant for purposes of addressing the above-noted question of law only need to be captured here. 5. The assessee is a Government of India undertaking established under the Ministry of Petroleum and Natural Gases, primarily engaged in providing engineering and technical consultancy services and execution of contracts on turn-key basis, predominantly in the oil/gas/hydrocarbon sectors. It had filed a return on 13.11.2006 for assessment year 2006-2007 declaring income of Rs. 2,40,13,53,030/- followed by revised return on 23.11.2008 declaring income of Rs. 2,43,29,60,025/-. The AO selected the case of the assessee for…