2021 (12) TMI 56 - HC - Income Tax

Seeking issuance of directions to respondents to forthwith rectify Form 3 - allowing credit of all taxes paid/deducted under provisions of Income Tax Act, 1961 in respect of petitioner Assessment for assessment year 2014-15 and refund excess amount with interest to petitioner - HELD THAT - As petitioner state that thereafter, on the next day Form 3 of the petitioner was rectified and the petitioner was shown to be entitled to get refund of ₹ 6 crores but nothing has been paid till date. Learned Standing Counsel appearing on behalf of the respondents is not in a position to deny these factual assertions. In view of these facts and circumstances, we deem it appropriate to dispose of this writ petition with a direction to the respondents that in case the petitioner is entitled to refund the same be paid to him within 15 days from the receipt of certified copy of this order.

Summary

Issues:
Rectification of Form 3 for assessment year 2014-15 to allow credit of taxes paid/deducted under Income Tax Act, 1961 and refund excess amount with interest to the petitioner.

Analysis:
The petitioner filed a petition seeking directions to rectify Form 3 dated 16.4.2021 to allow credit of taxes paid/deducted under the Income Tax Act, 1961 for the assessment year 2014-15 and refund the excess amount with interest. The court noted that a previous order had directed the respondents to rectify Form 3, which was disposed of after clarification that there was no wrong claim by the assessee and the credit had been given in the appropriate year. The court also acknowledged that the ITBA e-filing portal was not functional, causing delays. The petitioner was directed to make further payment while being denied a refund. The court adjourned the matter to allow the respondents to clarify their stand. Subsequently, the petitioner's Form 3 was rectified, showing an entitlement to a refund of ?6 crores, but no payment had been made yet.

The Standing Counsel for the respondents did not contest the factual assertions made by the petitioner's counsel. Considering the circumstances, the court deemed it appropriate to dispose of the writ petition by directing the respondents to pay the refund amount to the petitioner within 15 days from the receipt of the certified copy of the order. With the main case decided, any pending civil miscellaneous application was also disposed of accordingly.