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2016 (9) TMI 951 - KARNATAKA HIGH COURT

2016 (9) TMI 951 - KARNATAKA HIGH COURT - TMI - Refund - interest computation - Held that:- When an appeal is allowed and answered the substantial questions against the revenue, it is duty on the revenue to refund the amount within the statutory period as it is referred under Sec. 153 of the Income Tax Act. In the instant case, refunding the amount as per the order of this court and non-considering the representation dated 18.1.2016 vide Annexure-B is contrary to law. It is expected of the Reven .....

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-IT) - Dated:- 25-8-2016 - L. Narayana Swamy, J. For the Petitioner : Smt. Vani H. Adv For the Respondent : Sri. K. V. Aravind ORDER Petitioner has approached this court in ITA No.699/2009 challenging the order passed by the ITAT, Bangalore in ITA No.698/Bang/2008 dated 12.6.2009. This court by its order dated 17.11.2015 allowed the appeal and formulated the substantial questions and 3 the same has been answered against the revenue and consequently the order of ITAT was set aside. Learned counse .....

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% interest fixed under Sec.244A(1A) and 244(A) of the Act in which interest has to be initially at 3% thereafter at 6% and 3% and the same has to be calculated and thus makes a prayer for writ of mandamus to the respondents to consider the representation for refund of the tax collected with interest. 3. Learned counsel for the respondents submitted that because of the technical reasons the same has not been done he submitted that if some time is granted , the same would be repaid. 4. Heard the .....

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