2021 (8) TMI 1278 - HC - Income Tax

Refund determined u/s 143(3) inclusive of interest u/s 244A - HELD THAT - On instructions, learned counsel for respondent nos.2 3 states that the petitioner s rectification application dated 19th December, 2019 shall be disposed of within a period of six weeks and the refund shall be processed within three weeks thereafter. Consequently, this Court directs the respondent no.2 to dispose of the petitioner s aforesaid rectification application, in accordance with law, within six weeks by way of a reasoned order. The respondent no.2 shall also process and pay the petitioner s refund within three weeks thereafter, in accordance with law. All the rights and contentions of the parties are left open.

Summary

Issues:
1. Direction sought for refund determination under Section 143(3) for assessment year 2017-2018.
2. Withholding of refund by respondent no.2 without explanation.
3. Statutory period for disposal of rectification application under Section 154(8).

Analysis:

Issue 1: Direction for Refund Determination
The petitioner filed a writ petition seeking a direction for the issuance of a refund determined under Section 143(3) for the assessment year 2017-2018. The petitioner claimed an amount of ?2,62,38,433, inclusive of interest under Section 244A. The petitioner also requested the remaining interest from the date of determination till the issuance of the refund. The court noted the petitioner's contention that the Assessing Officer can withhold the refund only up to the date of assessment under Section 241A, and not after the completion of scrutiny assessment, as in the present case. The petitioner relied on previous court orders to support this argument.

Issue 2: Withholding of Refund
The petitioner argued that respondent no.2 had withheld the refund without providing any reason or explanation. The petitioner highlighted that under Section 241A of the Act, the Assessing Officer can withhold the refund only until the assessment is completed during the scrutiny assessment. The petitioner referred to Circulars and Instructions emphasizing the strict adherence to the time limit for disposing of rectification applications under Section 154(8). The court issued notice on this issue.

Issue 3: Statutory Period for Rectification Application
The petitioner pointed out that the statutory period for disposing of a rectification application under Section 154(8) had expired in this case. The petitioner referred to Circulars and Instructions emphasizing the strict adherence to the time limit for disposing of rectification applications. Respondent nos. 2 & 3 agreed to dispose of the rectification application within six weeks and process the refund within three weeks thereafter. The court directed respondent no.2 to dispose of the rectification application and process the refund as per law, leaving all rights and contentions of the parties open.

In conclusion, the court directed respondent no.2 to dispose of the rectification application within six weeks and process the refund within three weeks thereafter. The court left all rights and contentions of the parties open and ordered the writ petition to be disposed of accordingly, with the order to be uploaded on the website and forwarded to the concerned parties through email.