2022 (6) TMI 847 - HC - Income Tax

Interest u/s 244A - Withhold of refund exercising powers u/s 241A - HELD THAT - As keeping in view the earlier order 2021 (3) TMI 848 - DELHI HIGH COURT it is apparent that though the petitioner is entitled to interest in accordance with Section 244A up to the date of payment i.e., 28th May, 2021, yet it has been paid interest only up to 2nd October, 2019. Consequently, this Court directs the Respondents to issue applicable interest to the Petitioner for the period April 2018 to 28th May, 2021 within six weeks.

Summary

Issues:
1. Petitioner seeking interest payment for Assessment Year 2018-19.
2. Non-payment of interest amount post the specified date.
3. Compliance and direction for interest payment.

Analysis:
1. The petitioner filed a petition seeking direction for the respondents to issue interest amounting to Rs.53,92,420/- for the Assessment Year 2018-19, comprising of the principal amount and an additional sum. The petitioner highlighted a previous court order directing the Income Tax Department to remit the determined amount along with interest as per the Income Tax Act, 1961. The petitioner received a refund but pointed out that it only included interest up to a specific date, leaving out the interest for the subsequent period.

2. Upon notice, the learned standing counsel for the respondents acknowledged the representation and assured a time-bound decision. The court observed that despite being entitled to interest until the payment date of 28th May, 2021, the petitioner had only received interest up to 2nd October, 2019. Consequently, the court directed the respondents to pay the applicable interest to the petitioner for the period from April 2018 to 28th May, 2021 within six weeks, emphasizing compliance with the previous court orders and statutory provisions.

3. The court granted the petitioner's request for interest payment beyond the initial date and disposed of the writ petition with the direction for interest payment within a specified timeline. The matter was listed for compliance on 12th May, 2022, ensuring the implementation of the court's directives and the fulfillment of the petitioner's entitlement to the complete interest amount as per the relevant legal provisions.