MANMOHAN, NAVIN CHAWLA
Nokia India Pvt Ltd – Appellant
Versus
Assistant Commissioner Of Income Tax, Circle 16(1) – Respondent
JUDGMENT
Manmohan, J. - C.M.No.47455/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 15030/2021
1. Present writ petition has been filed seeking orders giving effect to the learned Tribunals order dated 26th October, 2020, 15th October, 2020, 17th August, 2020 passed in ITA 2160/Del/2018, ITA 2161/Del/2018, ITA 6500/Del/2017, ITA 1883/Del/2017 for Assessment Years 2004- 05, 2005-06, 2008-09, 2011-12 and grant consequential refund along with the applicable interest under Section 244A of the Income Tax Act, 1961(for short Act). Petitioner also seeks order giving effect to order dated 31st October, 2017 passed by the learned Commissioner of Income Tax (Appeals) deleting the penalty under section 271(1)(c) of the Act for the Assessment Year 2008-09.
2. Learned senior counsel for the Petitioner states that despite multiple representations of the Petitioner, till date the Respondents have not provided any reasons for the non-issuance of orders giving effect under Section 153(5) of the Act and consequential grant of refund cumulatively amounting to Rs. 120 crores, along with applicable interest, legally and rightfully due to the Pe
The court has the authority to direct the Respondent to pass appeal effect orders and grant refunds in accordance with law.
Timely issuance of refunds as per the Income Tax Act is mandatory to prevent financial prejudice to the taxpayer, emphasizing the obligation of tax authorities to comply with tribunal orders.
The court affirmed the Respondents' obligation to act promptly on ITAT orders regarding refunds and applicable interest under the Income Tax Act.
Tax authorities are obligated to comply with statutory requirements regarding tax refunds, and failure to do so may contravene constitutional provisions.
The court emphasized that refunds under the Income Tax Act must be processed within specified timelines, and any lack of proper credit must not hinder the petitioner's entitlement to refunds.
The court's decision emphasized the obligation of the respondents to process rectification applications and issue refunds in accordance with the law within a specified timeframe.
A tribunal's unappealed order is final and mandates compliance, including refunding tax amounts per statutory provisions.
Authorities must timely implement Tribunal decisions, ensuring compliance with statutory obligations, or face constitutional violations regarding due process.
Failure to issue a refund after ITAT's decision constitutes a violation of constitutional rights, necessitating prompt compliance by the Revenue department.
Tax authorities must issue refunds due based on favorable ITAT orders within statutory deadlines, ensuring adherence to constitutional mandates regarding the issuance of refunds.
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