2020 (8) TMI 157 - HC - Income Tax

Seeking a direction to the respondent to pass appeal effect orders and determine the consequential refunds - HELD THAT - Learned Senior Standing counsel states that refund for the assessment year 2004-2005 has been processed yesterday. He also states that all the necessary documents have now been received from the petitioner. Also assures this Court that refunds for the aforesaid remaining assessment years shall be processed shortly. Applicant-petitioner also assures this Court that in case further documents are required, the same shall be furnished forthwith. Keeping in view the aforesaid, the respondent is directed to pass appeal effect orders and determine the consequential refunds for the aforesaid assessment years along-with applicable statutory interest within three months from today in accordance with law.

Summary

Issues:
1. Direction to pass appeal effect orders and determine consequential refunds for Assessment Years 1997-98 to 2007-08 expeditiously.

Analysis:
The petitioner sought a direction for the respondent to pass appeal effect orders and determine consequential refunds for Assessment Years 1997-98 to 2007-08 promptly. The petitioner argued that as per Section 153(5) of the Income Tax Act, appeal effect orders must be passed within three months of receiving the relevant order. The Income Tax Appellate Tribunal had passed orders in favor of the petitioner for various assessment years, and the time limit under Section 153(5) had expired. The respondent, however, mentioned challenges in verifying the payments due to the age of the assessment years, offline processing, and incomplete data. Despite efforts to obtain documents from the assessee, challenges due to COVID-19, and difficulties in retrieving old records, the respondent assured that refunds for the remaining assessment years would be processed shortly.

The Court directed the respondent to pass appeal effect orders and determine consequential refunds for the mentioned assessment years within three months from the judgment date, along with applicable statutory interest. The petitioner's assurance to provide further documents promptly was noted. The judgment was to be uploaded on the website immediately, and a copy was to be sent to the counsel via email. The writ petition and application were disposed of with these directions.