TMI Blog2021 (12) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... the manner provided in the Sub Section (1) of Section 244 of the Act. Section 244A(2) provides that in the event the proceeding resulting in refund has been delayed for reasons attributable to the assessee, the period of delay was attributable shall be excluded from the period for which the interest is payable. In this case, the proceeding resulting in the refund cannot be stated to be delayed for reasons attributable to petitioner. In any event, there is no finding that there was delay in the proceeding resulting in the refund and that delay was attributable to petitioner. It is true that petitioner submitted original advance tax challan for ₹ 40,00,000/- on 15th February 2002 after filing the return of income and not with the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return of income for A.Y.- 2001-2002 on or before 7th February 2002. Petitioner replied vide its letter dated 5th February 2002 stating that return of income was already filed on 31st October 2001. On 15th February 2002, petitioner filed another letter enclosing advance tax challan in original for a sum of ₹ 40,00,000/-. By another letter dated 20th March 2002, petitioner also filed 6 TDS certificates for ₹ 64,658/-. On 3rd April 2002 notice under Section 143(2) of the Act was issued. On 26th January 2003 petitioner received an intimation under Section 143(1)(a) of the Act accepting the returned loss and granting refund of ₹ 43,04,400/-, of this ₹ 40,00,000/- was towards advance tax that had been paid and ₹ 3, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by this order, petitioner has approached this court. 7. Under Section 237 of the Act, if any person satisfies the Assessing Officer that the amount of tax paid by him or on his behalf or treated as paid by him or on his behalf for any assessment year exceeds the amount with which he is properly chargeable under this Act for that year, he shall be entitled to a refund of the excess. Section 244A provides that where the refund of any amount becomes due to the assessee under this Act, he shall, subject to the provisions of this Section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in the manner provided in the Sub Section (1) of Section 244 of the Act. Section 244A(2) provides that in the eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle 226 of the Constitution of India, calling for the records of the petitioner s case in so far as they relate to the impugned order dated 14/9/2004 passed under Section 244A of the Act being Exhibit O hereto and after going through the same and examining the question of the legality thereof, to quash, cancel and set aside the same. (b) that this Hon ble Court may be pleased to issue a writ of Mandamus of a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, ordering and directing respondent no.1 to grant interest on refund to the petitioner under Section 244A of the Act for the period 1/4/2001 to 28/2/2002 of ₹ 3,50,000/-. 10. We, of course, c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
