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2023 Supreme(Online)(Bom) 27363

IN THE HIGH COURT OF BOMBAY
J. S. Khehar, J
UPS Freight Services India Pvt. Ltd.v. Deputy Commissioner of Income-tax


Advocates:
For the Appellants/Petitioners: Mr. Gandhi
For the Respondents: Mr. Bajpayee

Table of Content
1. entitlement to tax refund and related obligations. (Para 1 , 2 , 3)
2. interest entitlement due to undue delay in issuing the refund. (Para 4 , 6 , 9)
3. importance of accountability for procedural failures in tax administration. (Para 5 , 10 , 11)

1. The petitioner was constrained to approach this court in view of the failure of the respondent to refund amounts payable as reflected in form 5 dated June 15, 2021 issued under the Direct Tax Vivad se Vishwas (DTVSV) Act, 2020 read with the Direct Tax Vivad se Vishwas Rules, 2020.

2. Form 5 provides that the Designated Authority has issued a certificate dated February 27, 2021 showing an amount of Rs.62,81,983 as refundable to the petitioner. The Central Board of Direct Taxes, Ministry of Finance issued a Central Action Plan for 2021-2022 in which clause 9 (page 74) reads as under:
'9. Jurisdictional Assessing Officers to pass consequential orders and reduce demand or issue refunds, latest by July 31, 2021 in all Vivad se Vishwas cases wherein form 5 has been issued up to June 30, 2021. For all subsequent issue of form 5, i.e., July 1, 2021 onwards jurisdictional Assessing Officers may give necessary effect within 30 day




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