Back
DELHI HIGH COURT
MANMOHAN, MANMEET PRITAM SINGH ARORA
KRBL Limited – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent
| Table of Content |
|---|
| 1. entitlement to tax refund and interest. (Para 1 , 2 , 3) |
| 2. notice of appeal against itat order. (Para 4) |
| 3. timely appeal effect order requirement. (Para 5) |
| 4. court's directive on refund issuance. (Para 6 , 7) |
JUDGMENT
Manmohan, J.:
C.M.No.45401/2022
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.14767/2022
1. Present writ petition has been filed seeking a direction to the Respondents to issue refund of Rs.24,03,89,270/-along with up-to-date interest to the Petitioner pursuant to appeal effect order dated 05th April, 2021 arising out of order of CIT(A) as well as pass appeal effect order pursuant to order of the Income Tax Appellate Tribunal (`ITAT') dated 09th May, 2022 and issue additional refund of Rs.9,96,10,730/-along with up-todate interest.
2. Learned counsel for the Petitioner states that the ITAT deleted all the additions and ruled in favour of the Petitioner and the Petitioner is now entitled to a refund of the entire tax paid under protest aggregating to Rs.34,00,00,000/-(along with applicable interest under Section 244A/244A(1A) of the Income Tax Act, 1961 (`the Act').
3. He states th
The court held that the Revenue must issue a tax refund following favorable ITAT rulings, emphasizing performance within statutory timelines to comply with legal obligations.
Tax authorities are mandated to process refunds and pass appeal effect orders within specified timelines, with delays constituting a violation of constitutional rights.
Tax authorities must issue refunds due based on favorable ITAT orders within statutory deadlines, ensuring adherence to constitutional mandates regarding the issuance of refunds.
The Court mandated the issuance of tax refunds and appeal effect orders according to the ITAT ruling, emphasizing the importance of timely compliance within stipulated periods.
Timely compliance with statutory refund orders is imperative to protect taxpayer rights under the Income Tax Act and the Constitution.
Tax authorities are obligated to comply with statutory requirements regarding tax refunds, and failure to do so may contravene constitutional provisions.
Tax authorities are required to process refunds promptly as per binding orders from appellate authorities, emphasizing the significance of timely compliance with tax regulations.
The court affirmed the Respondents' obligation to act promptly on ITAT orders regarding refunds and applicable interest under the Income Tax Act.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
