Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2012 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 180 - HC - Income TaxDelay in fixation of special audit fee - Held that:- The petitioner’s services were availed more than 6 years ago and the final report of its special audit received on 22.09.2006. The facts would also show that the assessment proceedings in respect of the special audit too have been completed. In any event there is no reason why the department dragged its feet and chose not to release the fee of the petitioner after fully availing its services. Thus for the inordinate delay in fixation of the fee, which cannot be countenanced, the petitioner should be appropriately restituted. The concerned superior authority i.e. Chief Commissioner or any officer designated in this regard shall consider the appeal or representation against the order of the fixation and take consequential action, if any, within six weeks provided the writ petitioner prefers the appeal or representation within a week - The respondent shall pay interest @ 8% per annum on the sum of Rs.12,96,541/- for the period 01.01.2007 till 24.09.2012 when the amount was actually paid. The writ petitioner’s rights to claim any further amount either by way of balance fee or interest thereon are expressly reserved. Having regard to these circumstances the Court directs payment of Rs.50,000/- as costs to the writ petitioner. The costs shall be paid within two weeks - in favour of auditor.
|