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TMI Blog2022 (8) TMI 1438X X X X Extracts X X X X X X X X Extracts X X X X ..... the present proceedings, the petitioner seeks payment of interest on account of delay in payment. HELD THAT:- This Court is of the view that refund due and payable to the assessee is a debt-owed and payable by the revenue. There is no provision in the VSV Act prohibiting award of interest on delayed refund. Consequently, this Court is of the opinion that the VSV Act does not authorise the respondent to either delay or withhold the payment of the refund. As far as the issue of deceased assessee having two PAN numbers is concerned, this Court finds that the petitioner had initially filed a writ petition as the petitioner s application for refund was not being entertained on the ground that the deceased assessee had two PAN numbers. Pred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue shall make payment of simple interest @ 5% per annum on delayed refund amount w.e.f. 05th July, 2021i.e. beyond the period of ninety (90) days from the date of determination of the refund amount on 05th April, 2021 till date of payment i.e. 11th February, 2022. Let the said payment be made within eight weeks. - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Petitioner Through: Mr. Arjunt Pant, Advocate. Respondents Through: Mr. Sanjay Kumar, Sr. Standing Counsel for the Revenue. J U D G M E N T MANMOHAN, J (Oral): 1. Present writ petition has been filed seeking refund of Rs.16,00,51,690/- for the assessment year 2010-11 and Rs.1,17,03,678/- for the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne. 7. He lastly states that refund amount could not be processed earlier as there was technical issue at the Central Processing Centre ( CPC ) and only once the same was resolved, refund was issued. 8. Having heard learned counsel for the parties, this Court is of the view that refund due and payable to the assessee is a debt-owed and payable by the revenue. There is no provision in the VSV Act prohibiting award of interest on delayed refund. Consequently, this Court is of the opinion that the VSV Act does not authorise the respondent to either delay or withhold the payment of the refund. 9. As far as the issue of deceased assessee having two PAN numbers is concerned, this Court finds that the petitioner had initially filed a writ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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