Allowing the petition the Court held that  Instructions were issued by the Central Board of Direct Taxes (see F. No. 279/MISC/M-42/2011-ITJ dated May 24, 2011) long before section 244A(1A) was brought on to the statute book making the right to interest on delayed refund a substantive right. This was a case of the assessment having been set aside only on specific issues. In respect of issues where there was a definitive holding, section 153(5) would apply and the Assessing Officer had to pass an order giving effect within the time specified thereunder read with second proviso thereto. In respect of issues which had been set aside, the Assessing Officer had to pass orders giving effect following the principles already settled. Court observed that  the contention of the Department that any order giving effect to the order of the Tribunal would result in redetermination of the assessee’s total income and therefore constitute a fresh assessment, if accepted, would inexorably lead to the result that the Department can invariably retain the refund determined, without the liability to pay the additional interest in terms of section 244A(1A) for the delayed period and the absurd conclusion that every order giving effect has to be considered as a fresh assessment or reassessment and therefore be outside the purview of section 153(5) and consequently any delay in granting actual refund would also be outside the ambit of section 244A(1A). This would defeat the very object for which this provision was brought on the statute book. The court quashed the order, permitted the assessee to submit a fresh claim for additional interest at the rate of 3 per cent. per annum for the period envisaged in section 153(5) read with section 244A(1A) within eight weeks, and directed the respondents to compute the interest amount till date and pay it to the assessee within eight weeks next following. If there was delay in complying with these directions, the Department was to pay to the assessee extra interest, at the rate of 1.5 per cent. per month to be recovered personally from the erring officials of the Department. (AY. 2008-09)