2021 (6) TMI 18 - HC - Income Tax

Rectification u/s 154 - grant of refund and consequential interest under Section 244A - HELD THAT - The concerned officer will consider the pending applications filed by the petitioner under Section 154 of the Act. Furthermore, after according a personal hearing to the authorized representative of the petitioner, the concerned officer will dispose of the same, at the earliest, though, not later than four weeks from the date of receipt of a copy of the order. In case the concerned officer were to agree with the petitioner, he will take consequential steps, albeit, as per law. The concerned officer will also consider the petitioner s prayer for grant of refund and consequential interest under Section 244A of the Act.

Summary

Issues:
Delay in disposal of applications under Section 154 of the Income Tax Act, 1961; Entitlement to refund and statutory interest; Grant of extension for filing attested affidavits.

Analysis:
The judgment addresses the delay in disposing of applications filed under Section 154 of the Income Tax Act, 1961, concerning refund claims and statutory interest. The petitioner sought writs directing the respondents to promptly grant refunds for various assessment years. The Court directed the petitioner to file duly attested affidavits within three days of the Court's normal work pattern resumption. The respondent's counsel accepted service and opted not to file a reply, relying on the available record.

The Court proceeded with the hearing and disposal of the writ petitions, outlining the specific relief sought in each case. The petitions requested immediate refunds along with statutory interest, emphasizing the overdue nature of the claims. The petitioner did not press for costs, leading to the disposal of the petitions with specified directions for the concerned officer.

The judgment mandated the concerned officer to consider the pending applications under Section 154, ensuring a personal hearing for the petitioner's representative and disposal within four weeks of the order receipt. If the officer agrees with the petitioner, appropriate steps must be taken in accordance with the law. Additionally, the officer must assess the refund and interest requests under Section 244A, issuing a speaking order and providing a copy to the petitioner.

The Court listed the matters for compliance on a specified date, emphasizing the need for timely resolution and adherence to the directives outlined in the judgment. The decision aims to expedite the processing of refund claims and statutory interest entitlements, ensuring a fair and efficient resolution of the petitioner's grievances within the legal framework.