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.