9911796707
TMI Blog2019 (8) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... ty - attachment made of the amount belonging to the petitioner - HELD THAT:- The arguments of the petitioner must prevail. The provision of interest in Section 244-A of the Income Tax Act would have no applicability in the present case because it is a case of illegal attachment and retention. In the written statement, the Revenue has accepted that the money was wrongly attached and retained. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. This petition has been filed against the action of the respondents in rejecting the representation wherein the petitioner had prayed for interest for wrongful retention of its amount. 2. The admitted facts are that there was a tax recovery against Patiala Development Authority. However, the attachment was made of the amount belonging to the petitioner. 3. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken to justify non-payment of interest is that there is no provision for grant of interest on any excess income tax which may be recovered. 6. Learned senior counsel appearing for the petitioner has argued that she would have no objection with this proposition of law which has been sought to be advanced by the Revenue but the present is not a case of recovery of excess tax but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present case because it is a case of illegal attachment and retention. In the written statement, the Revenue has accepted that the money was wrongly attached and retained. There can be no escape from the payment of interest. The rate of interest claimed also cannot be said to be excessive by any standards. 8. The petition is allowed. The interest of ₹ 3.68 crores be now p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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