: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.754 OF 2007 TAX APPEAL NO.754 OF 2007 TAX APPEAL NO.754 OF 2007 The Commissioner of Income Tax, . Mumbai City - VI, Mumbai ...Appellant V/s. Grasim Industries Ltd., Mumbai ...Respondent Mr.R. Asokan, Advocate, for the Appellant. Mr.J.D. Mistry, Advocate, i/b. Dave & Girish, for the Respondent. CORAM CORAM CORAM : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & A.V. A.V. A.V. NIRGUDE, JJ. NIRGUDE, JJ. NIRGUDE, JJ. DATE DATE DATE : 19TH JUNE, 2008. : 19TH JUNE, 2008. : 19TH JUNE, 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for the Appellant and the learned Counsel for the Respondent. 2. By the above Appeal, the following substantial question of law sought to be raised :- (a). Whether on the facts and in the circumstances of the case and in law, the Hon’ble Tribunal is correct in allowing the interest on interest u/s. 244(1A) of the Act on an amount of Rs.20,43,129/- payable to the assessee? : 2 : 3. We have also perused the Tribunal’s order dated 24th October, 2001 wherein paragraph 8 reads as under :- "8. The second issue relates to the interest u/s. 244(1A). The A.O. by order dated 11/11/1991 gave effect to the appellate order and determined a refund of Rs.20,43,129/-. No interest was however granted u/s. 244(1A). The CIT(A), following the order of the Tribunal in the assessee’s own case for the A.Y. 1979-80 (supra), rejected the assessee’s claim. In the appeal for the A.Y. 1980-1981, we have already held, following the judgment of the Supreme Court in the case of Modi Industries (supra) and the amended order of the Tribunal for the A.Y. 79-80 that the assessee’s claim cannot be resisted. It is not in dispute that the refund arose out of advance tax. In tune with our decision for that year, we uphold the assessee’s claim." 4. We have also perused the Grounds of Appeal in the Appeal filed by the Respondent-assessee. Even the : 3 : grounds as well as the aforesaid paragraph 8 clearly indicate that the Tribunal was only concerned with the grant of interest under Section 244(1A) of the Income Tax Act. In fact no issue was raised with regard to the interest on interest and the Tribunal has not granted the interest on interest. The aforesaid question of law is misconceived. The Appeal is devoid of merits. Hence the same stands dismissed. [A.V. [A.V. [A.V. NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.]