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2023 (12) TMI 506 - DELHI HIGH COURTRefund due adjustment against the demand raised - recourse to a statutory remedy for payment of interest and the balance refund claimed - HELD THAT:- As revenue, has returned with instructions, which indicate that the respondents/revenue have computed the amount refundable to the petitioner/assessee. As pointed out by Respondents that Rs. 44.60 lakhs has been computed as the amount which is refundable to the petitioner/assessee. Petitioner/assessee says that the amount claimed by way of refund is Rs.46 lakhs, as indicated in the prayers made in the writ petition. Petitioner also says that the petitioner/assessee should also be granted interest. To be noted, in the application interest at the rate of 18% per annum has been claimed, which is way beyond the statutory rate of interest. As a matter of fact, at the time when the writ petition was filed, interest at the applicable rate was claimed. As would be evident upon perusal of the extract of the order date 27.09.2023, in the instant writ action, counsel for the petitioner had clearly indicated that he would not be claiming interest if the amount is paid forthwith. Writ petition is disposed of with the following directions- (i) The respondents/revenue will remit to the petitioner/assessee the amount of refund already crystallized [i.e., Rs.44.60 lakhs] within the next two (2) weeks. (ii) The petitioner will be at liberty to take recourse to a statutory remedy for payment of interest and the balance refund claimed by him. The order passed today or those passed on previous dates will not come in the way if such a remedy is taken recourse to. (iii) The concerned authority will decide the matter concerning interest and the balance principal amount by the petitioned/assessee in accordance with the law.
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