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2017 (4) TMI 1414 - HC - Income TaxRefund of amount seized and withheld by the respondent no. 1 alongwith interest payable under Section 244A - Held that:- When there was no tax liability, and/or after the order of assessment for A.Y 201-2012 ie., 31st December 2012, there was no justification at all to retain the balance amount of ₹ 13,51,714/=. The said amount ought to have been returned to the petitioner immediately. Despite number of reminders and requests, the respondents have not returned the balance amount of ₹ 13,51,714/= to the petitioner. Under the circumstances, the respondents are required to be directed to return the said amount of ₹ 13,51,714/= which has been illegally withheld by the respondents for no reason. Therefore, the petitioner shall also be entitled to interest as per the Income-tax Act from 1st April 2013 i.e., after three months from the date of order of assessment for Assessment Year 2011- 2012. The present writ petition succeeds. The respondents are directed to return amount of ₹ 13,51,714/= with interest on and from 1st April 2013 till the actual amount is refunded/returned. The aforesaid amount with interest shall be returned to the petitioner within a period of four weeks from today. Rule is made absolute to the aforestated extent with cost, which is quantified at ₹ 5,000/=; as for no reason, an amount of ₹ 13,51,714/= came to be withheld by the Revenue and despite number of reminders, the same was not returned and thereafter, the petitioner is constrained to prefer the present writ petition.
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