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RAJIV SHAKDHER, GIRISH KATHPALIA
Turner General Entertainment Networks India Pvt. Ltd. – Appellant
Versus
Commissioner of Income Tax – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 42018/2021
1. The substantive prayers made in the application are the following:
"a. Admit the additional documents and dispose of the Writ Petition whilst getting stay against recovery proceedings during the pendency of the appeal before the First Appellate Authority;
b. Direct the First Appellate Authority to dispose-off the appeal of the Petitioner expeditiously."
2. In the body of the application i.e., in paragraph 4, the petitioner has given details of refunds for various Assessment Years (AYs) which are due to it.
3. The details in paragraph 4 suggest that refunds for AYs 2009-10 to 2012-13 that are due to the petitioner, inclusive of interest, was an amount pegged at Rs.9,68,22,740/-.
4. Mr Prashant Meharchandani, who appears on behalf of respondent/revenue, says that, as per his instructions, the principal amount due to the petitioner towards refund for the aforementioned period is approximately Rs.4.85 crores. It is Mr Mehachandani's statement that to the aforesaid amount, the interest would have to be added.
5. Furthermore, Mr Meharchandni says that the refund along with the int
The central legal point established in the judgment is the importance of expeditious disposal of appeals and compliance with court directions in matters related to refunds and recovery proceedings.
Prompt addressing of rectification application for refund and timely remittance of refund amount if due.
The court has the discretion to condone delay in re-filing appeals and may rely on previous decisions to close appeals.
Interest on refunds is warranted from the date of valid application in cases where the authority does not contest the claim, reinforcing the principle of compensation for delayed access to owed funds....
The court emphasized the importance of following the regime set forth in Section 245 of the Income Tax Act, 1961, and upheld the petitioner's right to seek an appropriate remedy if aggrieved by the d....
The obligation of the Assessing Officer to pass a speaking order in response to the petitioner's communication regarding the reconciliation of refund figures.
The court has the authority to direct the revenue to remit disputed refund amounts and grant liberty to file a rectification application for differences in refund amounts under the Income Tax Act, 19....
The court held that the best course is to remit matters to the Assessing Officer for a speaking order rather than filing for rectification when significant time has passed.
The principle of condonation of delay and the requirement for a substantial question of law to arise for consideration in an appeal.
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