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2023 Supreme(Bom) 1610

K. R. SHRIRAM, NEELA GOKHALE
Group M Media India Private Limited – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Dharan V. Gandhi a/w. Ms. Aanchal Vyas
For the Respondent: Mr. Devvrat Singh

JUDGMENT :

K.R. SHRIRAM, J.

1. Since pleadings have been completed, we decided to hear the petition at the admission stage itself.

2. Therefore, Rule. Rule made returnable forthwith.

3. Petitioner has approached this Court alleging that there is failure on the part of respondents to release the undisputed refund due and determined by respondents themselves in the intimation/order issued under Section 168(1) of the Income Tax Act, 1961 (the Act) for Financial Year 2017-2018 corresponding to Assessment Year 2018-2019 despite reminders sent and for a direction to respondents to refund an admitted amount of Rs.4,23,60,940/- plus interest thereon.

4. Mr. Gandhi states that after the petition was filed, petitioner received an amount of Rs.4,23,60,940/- towards refund on 21st August 2023 but no interest has been paid.

5. Mr. Singh appearing for respondents states that the question of paying any interest does not arise because the Act does not provide for payment of any interest in cases of this nature.

6. Petitioner has been availing specified services as defined in clause (i) of Section 164 of the Finance Act, 2016 which came into force with effect from 1st April 2016. Section 164 of the Financ

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