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2016 (4) TMI 789 - BOMBAY HIGH COURT

2016 (4) TMI 789 - BOMBAY HIGH COURT - TMI - Seeking grant and sanction of interest in respect of refund claim - Respondents have clarified that once the Order-in-Original has been implemented and the refund amount has been paid to the Petitioner within the stipulated period, then, the question of payment of any interest for delayed refund does not arise.

Held that:- the Authorities are not going to reopen the issue of refund but are only raising plea that the Petitioner is not entitl .....

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l of and irrespective of the stand taken in the affidavit-in-reply. They shall deal with the said issue on its own merits and pass a reasoned order as expeditiously as possible. If the interest is payable as held in the order-in-appeal, then, the calculation thereof is the limited issue which the Authority must now examine. Once the statutory provisions are clear and there is delay in grant of refund, then, the interest must follow. It is only the quantum thereof which would be determined by the .....

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th October, 2015 of the Commissioner of Income Tax (Appeals), and grant and sanction interest in respect of the refund claim. 2. The legal right based on which the Writ Petition is filed is that a refund is already sanctioned and granted. However, the dispute is as to what amount of interest should this refund carry. In that regard our attention is invited by Mr.Shah, learned Counsel appearing on behalf of the Petitioner, first to the Order-in-Original and the operative portion thereof at page 7 .....

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sed the issue of interest and the Appellate Authority noted the arguments of the Petitioner's predecessor that it is eligible for interest on delayed refund, but there is no discussion in the Order-in-Original about the interest. The refund sanctioning Authority should have examined the issue of interest on refund. 5. After a lengthy discussion, what the Appellate Authority felt is that the calculation of interest is not possible at the level of the Appellate Authority and, therefore, the ma .....

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that the apprehension of the Petitioner is based on this paragraph and the contents thereof which would enable this Court to conclude that the intention of the Authorities/Respondents is now to reopen the claim for refund and in the garb of examining limited request of the Petitioner. 7. It is with regard to this grievance that we have considered the rival contentions and perused paragraph (11) of the affidavit. To our mind, though at the personal hearing the Petitioner was called upon to produ .....

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