2019 (9) TMI 923 - HC - Income Tax

Claim of refund of interest - excess interest collected u/s.220 along with statutory interest U/s.244A of the Income Tax Act, 1961 - further, seeking compensation for the inordinate delay in granting the refund . - HELD THAT - The above claim made by the petitioner for refund of the sum is not disputed by the respondents and on the other hand, the respondents seek four weeks time to refund the same, this Writ Petition is disposed of, by recording the above stand taken by the respondents, also with further direction to the respondents to refund the said sum along with appropriate interest within a period of four weeks from the date of receipt of a copy of this order.

Summary

Issues:
Petitioner seeks mandamus for refund of excess tax, interest, and compensation for delay.

Analysis:
The petitioner filed an appeal challenging the assessment for the year 1990-1991, resulting in a reduction of the demand from ?63,23,528/- to ?20,49,872/-. Despite subsequent appeals and orders further reducing the demand to ?5,31,202/-, the excess amount collected from the petitioner remained at ?15,18,670/-. The petitioner sought a refund of this amount, which was not considered despite multiple reminders. The respondents acknowledged the outstanding refund and requested four weeks to process and refund the amount along with appropriate interest.

The respondents produced a communication indicating that the refund and interest payable for the assessment years 1990-91 and 1992-93 had been partially issued, with some records missing. The respondents assured that efforts were being made to locate the missing records and that the refund due to the petitioner would be processed promptly. The respondents requested four weeks to address the petitioner's grievance and refund the outstanding amount.

Considering the undisputed claim by the petitioner for the refund of ?15,18,670/-, and the respondents' commitment to refund the amount within four weeks, the High Court disposed of the writ petition. The court directed the respondents to refund the said sum along with appropriate interest within the stipulated four-week period from the date of receipt of the court's order. The judgment did not impose any costs on either party, and the connected miscellaneous petition was closed accordingly.