9911796707
|
Home
Issues Involved:
1. Entitlement to tax refund and withholding of the same u/s 241. 2. Legality of assessment and penalties for the assessment year 1988-89. 3. Adjustment of refund against tax liabilities u/s 245. 4. Conduct of the Revenue authorities and imposition of costs. Summary: 1. Entitlement to Tax Refund and Withholding of the Same u/s 241: The petitioner, a non-resident Indian, sought a writ of mandamus for the refund of Rs. 16,17,109.32 with interest, to be redeposited in his Foreign Currency Non-Resident Account. The respondents admitted the petitioner's entitlement to the refund following his success before the Income-tax Appellate Tribunal but withheld it citing a pending petition u/s 256(1) and subsequent orders u/s 241. The court noted that the petition u/s 256(1) and a criminal complaint u/s 276C and 277 were dismissed. The court observed that orders u/s 241 were being passed every six months to withhold the refund, which was deemed illegal after the dismissal of the application u/s 256(2). 2. Legality of Assessment and Penalties for the Assessment Year 1988-89: During the proceedings, the petitioner was assessed for the assessment year 1988-89 on the interest accrued u/s 244, leading to a tax demand and penalties u/s 271(1)(a), 273(1), and 271(1)(c). The petitioner amended his writ to challenge these assessments and penalties. The court found these assessments and penalties to be without meaning, particularly as the withholding of the refund was deemed illegal. 3. Adjustment of Refund Against Tax Liabilities u/s 245: The Revenue, during the proceedings, attempted to justify the withholding of the refund by issuing an order u/s 245, claiming an adjustment of the refund against tax liabilities. The court found no compliance with the procedural requirements of u/s 245, such as giving prior intimation to the petitioner. The court deemed the order u/s 245 as neither fair, just, nor reasonable, and thus ignored it. 4. Conduct of the Revenue Authorities and Imposition of Costs: The court criticized the Revenue's conduct, noting the indifferent attitude and successive illegal orders to deny the petitioner his lawful dues. The court highlighted the importance of improving foreign exchange resources and the adverse impact of such actions on non-resident Indians. The court imposed exemplary costs on the Revenue, assessed at Rs. 11,000, including counsel fees. Conclusion: The petition was allowed, directing the respondents to redeposit the amounts of U.S. dollars 35,000 and U.S. dollars 99,995 along with accrued interest in the petitioner's FCNR/SDR accounts within one month. The court emphasized the need for compliance with legal provisions and the adverse implications of the Revenue's actions on the petitioner's lawful entitlements.
|
