2020 (11) TMI 319 - HC - Income Tax

Payment of interest u/s 244A - petitioner admits that the petitioner has received the refund sought for in the present petition and no interest has been paid till date of payment u/s 244A -HELD THAT - As respondent assures and undertakes to this Court that the petitioner s request for payment of interest under Section 244A of the Act shall be processed by respondent no.2 within eight weeks in accordance with law. The undertaking given by learned counsel for the respondent is accepted by this Court and respondent is held bound by the same. Recording the aforesaid undertaking, the present writ petition stands disposed of.

Summary

Issues:
Grant of refund under Section 143(1) of the Income Tax Act, 1961 for Assessment Years 2017-2018, 2018-19, and 2019-20 along with interest under Section 244A of the Act.

Analysis:
The petitioner, Mr. Mukesh Gupta, Advocate, filed a writ petition seeking the release of refunds determined under Section 143(1) of the Income Tax Act for the mentioned Assessment Years. It was alleged that the respondent, Mr. Ruchir Bhatia, had not released the refunds as required by Section 143(1)(e) of the Act without providing any reasons for the delay.

During the proceedings, it was noted that the petitioner had received the refund sought in the petition, but interest under Section 244A of the Act had not been paid up to the date of payment. The learned counsel for the respondent assured the court that the petitioner's request for interest payment would be processed within eight weeks in compliance with the law.

The court accepted the undertaking given by the respondent's counsel, holding the respondent bound by the same. Consequently, the writ petition was disposed of, and it was directed that the order be uploaded on the website immediately, with a copy forwarded to the respective counsels via email.