9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 1243 - HC - Income TaxRefund claim - justification for the respondents not granting the refund when the same is due - HELD THAT - Direct the respondents to refund the amounts for both the assessment years along with interest as applicable, to the petitioners within four weeks from today. In case the respondents have any valid justification for withholding the refund, or any part thereof, they shall file their counter-affidavit positively within the same period clearly stating as to why the refund/ partial refund is not due. No further time shall be granted for the said purpose.
Issues:
- Refund of tax for Assessment Year 2017-18 and 2018-19 Analysis: The judgment delivered by the Delhi High Court pertains to a petition seeking a refund of tax from the respondents for the Assessment Years 2017-18 and 2018-19. The petitioner's assessment for the year 2017-18 has been completed under Section 143(3) of the Income Tax Act, while for the year 2018-19, the return has been processed under Section 143(1) of the Act. The court noted that a substantial amount is due towards refund for both assessment years. The court found no justification for the respondents' failure to grant the refund when it is rightfully due. The High Court, comprising Hon'ble Mr. Justice Vipin Sanghi and Hon'ble Mr. Justice Sanjeev Narula, directed the respondents to refund the amounts for both assessment years along with applicable interest to the petitioners within four weeks from the date of the order. The court emphasized that if the respondents have any valid reason for withholding the refund, they must file a counter-affidavit within the same period, clearly stating the reasons for the delay or partial refund. The court explicitly stated that no further extension would be granted for this purpose, highlighting the urgency of the matter. The judgment concluded by scheduling the next hearing on a specified date and ordering the issuance of the order under the signatures of the Court Master for immediate action. The decision underscores the court's commitment to ensuring timely and rightful refunds to taxpayers, emphasizing the importance of adhering to legal obligations and providing justifications for any delays in such matters.
|
