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IN THE HIGH COURT OF DELHI
Manmohan, Dinesh Kumar Sharma, JJ.
Mother Dairy Fruit and Vegetable Private Limited - Appellant
Versus
Deputy Commissioner of Income Tax - Respondent
W.P.(C) 4501 of 2022 and W.P.(C) 4651 of 2022
Decided On : 28-03-2022




The absence of an order under Section 241A of the Income Tax Act obligates the revenue to release due refund amounts to the petitioner.

Headnote:(A) Income Tax Act, 1961 - Section 143(1) and Section 241A - Writ petitions challenging intimations regarding refund releases following assessments for Assessment Years 2017-18 and 2018-19 - Petitioners sought refunds totaling Rs.7,09,36,128/- and Rs.8,20,57,079/- which include principal and calculated interest amounts - Respondents did not pass orders under Section 241A to justify withholding refunds - Court ordered release of refunds within four weeks as there were no justifiable grounds to delay. (Paras 1-5)

Findings of Court:
The court finds that no order under Section 241A has been issued, and it mandates the release of the refund amounts according to law within the specified time frame.

Issues: The primary issue addressed was whether the revenue could withhold refunds without a valid order under Section 241A of the Act.

Ratio Decidendi: The court ruled that the absence of an order under Section 241A necessitates the release of the refund amounts due to the petitioner, emphasizing procedural compliance with tax law.

Result: Refunds are to be released within four weeks.

Table of Content
1. challenge to tax intimations under the income tax act (Para 1)
2. request for refund amounts and interests for specific assessment years (Para 2)
3. lack of orders under section 241a of the income tax act (Para 3 , 4)
4. court orders release of refunds within a specified time frame (Para 5)

JUDGMENT

Manmohan, J.(Oral)--Present writ petitions have been filed challenging the impugned intimations under Section 143(1) of the Income Tax Act, 1961 [for short `Act'] dated 15th March, 2019 & 15th November, 2019 for the Assessment Years 2017-18 & 2018-19 respectively [to the extent of releasing refund after the completion of assessment under Section 143(3) and invocation of action under Section 241A of the Act].

2. Learned counsel for the Petitioners prays for release of refunds of Rs.7,09,36,128/- comprising principal amount of Rs.5,45,66,252/- and interest of Rs.1,63,69,876/- calculated up to February, 2022 along with applicable interest under Section 244A of the Act due to the Petitioner for the Assessment Year 2017-18 and refunds of Rs.8,20,57,079/- comprising principal amount of Rs.6,61,75,063/- and interest of Rs.1,58,82,015/- calculated up to February, 2022 along with applicable interest under Section 244A of the Act due to the Petitioner for the Assessment Year 2018-19.

3. On the last date of hearing, this Court had directed the respondents-revenue to place on record the alleged orders passed under Section 241A of the Act.

4. Today, learned counsel for respondents-revenue states that no order has been passed under Section 241A of the Act till date.

5. Keeping in view the aforesaid clarification, this Court directs the respondents-revenue to release the refund amounts due to the petitioner within four weeks in accordance with law. With the aforesaid direction, the present writ petitions along with pending applications stand disposed of.

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