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TMI Blog2023 (7) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st December 2023 or till the disposal of appeal by CIT(A), whichever event occurs earlier. Respondent no. 1 has admitted that even after such an adjustment, petitioner is entitled to receive a sum of Rs. 100.49 Crores being the balance refund for Assessment Year 2018-2019. We direct respondent No. 4, i.e., Director of Income Tax, CPC, to ensure that the refund amount of Rs. 100.49 Crores alongwith interest, if any, in accordance with law, is credited to petitioner s account within one week from the date this order is uploaded. - WRIT PETITION (L) NO.5317 OF 2023 - - - Dated:- 27-6-2023 - K.R. SHRIRAM FIRDOSH P. POONIWALLA, JJ. For the Petitioner : Mr. J.D. Mistri, Senior Advocate a/w. Mr. Harsh Kapadia i/b. Mr. Atul K. Jasan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled to receive a sum of Rs. 100.49 Crores being the balance refund for Assessment Year 2018-2019. The admission in the affidavit reads as under : The Petitioner filed a rectification application under section 154 of the Act on 20th October 2021. In the said application, it was pointed out that a demand of Rs. 163,58,95,818/- towards 'Dividend Distribution Tax' under section 115-O of the Act was erroneously raised and adjusted. Further it was also pointed out that, apart from non-grant of DDT credit, a short credit of TDS of Rs. 1,39,38,921 was granted and which also constituted a mistake that ought to be rectified. The aforesaid application was allowed and the erroneous demand of DDT as well as short credit of TDS was rectif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blic Grievance Redress and Monitoring System' of Respondent No. 4, also known as 'CPGRAMS', that seeks to address the grievances of general public. On 26th September 2022, Respondent No. 1 raised another ticket on the ITBA Portal of the Revenue once again highlighting the concerned technical person the problems faced by him while passing the rectification order in the system. The urgency of the matter was emphasised. Therefore, on 11th October 2022, Respondent No. 1 was able to pass/upload the rectification order on the ITBA systems by giving credit of the DDT paid. Respondent No. 1 ascertained a total amount of Rs. 153.8 crores refundable to the Petitioner. Further, it was discovered that against the admittedl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18-19 indicated above, no income tax demands are pending against the Petitioner that can be recovered by the Revenue Accordingly, for AY 2018-19, manifestly, a net amount of Rs. 100.49 crores, plus interest under section 244A of the Act is due to be refunded to the Petitioner which appears to be still not released by the CPC. Thus, being still aggrieved the Petitioner is before Hon'ble High Court. The Petitioner submits that he has neither received the due refund of Rs. 153.8 crores as per rectification order issued under sec. 143(3) r.w.s. 154 on 11.10.2022 for AY 2018-19, nor has it heard from any of the Respondents with respect to the timelines within which the said refund will be issued to the Petitioner. Moreover, more than 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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