Appeal with cit(a)


20 January 2012 The assessee claimed a refund in his return. The amount was refunded, even though scrutiny proceedings were intiated. The AO passed an order, 2 points contested with CIT(A), 2 points not contested. With the effect, the refund creditted has to be paid back alongwith 234D Interest.

My Q: Can the assessee go on appeal with CIT(A), before paying the refunded amount with interest as applicale, as he's not contesting that addition.

20 January 2012 Appeal can be filed without remitting the tax. But there is no meaning in doing so. Because admitted tax(ie.tax on two points not contesting) has to be paid and delay causes further interest liability.

20 January 2012 Dear sir,

Can you also clarify on whether Pre construction interest can be claimed over and above the 1.5 lakhs loss for self occupied property.

Thanks a lot for your reply.

Sanath

20 January 2012 No. Cap of Rs.1,50,000/- is for pre and post construction interest.

20 January 2012 Thank you sir. Thanks a lot.

I guess the explanation is not independent to the section.

20 January 2012 Thank you sir. Thanks a lot.

I guess the explanation to Sec 24(b) is not independent to the section.


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