Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 546 - HC - Income TaxGrant of refund with interest - department seek to adjust the refund with subsequent demand - Held that:- Petitioner is entitled to a direction to the respondent to forthwith refund to it the entire amount of refund without any adjustment being made against such amount, inasmuch as, the respondent cannot be permitted to take advantage of his own wrong in not refunding the amount due and payable to the petitioner at the appropriate time in terms of the provisions of the Act, and then seek to set off the refund against a demand subsequently raised, otherwise it would amount to putting a premium over the wrong act of the respondent of not refunding the amount when due and adjusting the same against the demands which have accrued much later in point of time. For the foregoing reasons, the petition succeeds and is, accordingly, allowed. The respondent is directed to forthwith, within a period of fifteen days from the date of receipt of this order, refund the entire amount of ₹ 17,08,78,351/- to the petitioner together with interest under section 244A of the Act in accordance with law, without making any adjustment in relation to any demand which arises after the date of this order. - Decided in favour of assessee.
|