RAJIV SHAKDHER, GIRISH KATHPALIA
Transcend India Private Limited – Appellant
Versus
Deputy Commissioner of Income Tax Delhi – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral) - On 20.11.2023 after hearing learned counsel for the parties, we had taken note of the grievance articulated on behalf of the petitioner. For the sake of convenience, the relevant part of the order dated 20.11.2023 is extracted hereafter:
"1. Mr Vishal Kalra, learned counsel, who appears on behalf of the petitioner, informs us that he has received an e-mail dated 20.11.2023 from the respondents/revenue, whereby it has been indicated that challan for Assessment Year (AY) 2003-04 has been corrected and accordingly credit for Rs.25 lakhs can be given, as sought in prayer clause (a) of the writ petition.
2. In the alternative, Mr Kalra says that the respondent no.1 could be directed to correct Form-3 dated 21.08.2021 issued under Direct Tax Vivad Se Vishwas Act, 2020 for the aforementioned AY i.e. AY 2003-04.
2.1 In other words, if the correction made by the respondents/revenue is to be given effect to, the said form would reflect the refund amount as Rs.62,54,425/- instead of Rs.37,54,425/-.
3. Mr Sunil Agarwal, learned senior standing counsel, who appears on behalf of the respondents/revenue, says that he will return with instructions as to which is the
The court's decision was based on the agreement between the parties regarding the correction of the challan and refund of Rs.25 lakhs without interest under the 2020 Act.
The court directed the rectification of tax records under its supervisory jurisdiction, based on clear evidence that a significant tax payment was misattributed to the wrong assessment year.
The court affirmed the interpretation of 'disputed tax' and 'tax arrear' in the Direct Tax Vivad Se Vishwas Act, emphasizing that amounts including interest under Section 244A are recoverable if appe....
In tax matters, entitlement to interest on delayed refunds, including on interest accrued, is affirmed, highlighting the principle that overdue amounts accrue additional interest.
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 main legal point established in the judgment is that the right to interest on a refunded amount accrues to the assessee on the date specified in Section 38(3)(a)(ii) of the Delhi Value Added Tax ....
The main legal point established is that the refund under the DVAT Act should be processed within the stipulated period, and interest is payable from the date the refund was due to be paid.
The court held that the Revenue is accountable for delayed refunds and must pay interest despite the exclusion in the Direct Tax Vivad se Vishwas Act, 2020.
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 ruled that interest on delayed refund is due despite provisions of the VSV Act denying such interest, emphasizing accountability for wrongful retention of funds.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.