TMI Blog2023 (12) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Petitioner;... 2. The record shows that notice in the writ petition was issued on 10.03.2022. 2.1 The record also shows that via the order dated 05.07.2023, in an application moved on behalf of the petitioner [i.e., CM Appl. 33550/2023], for the reasons given in the order, the date in the main writ petition fixed, at that juncture, on 06.11.2023 was advanced to 09.08.2023. 3. Furthermore, the grievance of the petitioner was captured in the said order. For convenience, the relevant parts of the said order are set forth hereafter: ...7. The principal grievance of the petitioner appears to be that the refund due to the petitioner for Assessment Years (AYs) 2010-11 and 2014-15 aggregating to approximately Rs.46 lakhs has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the petitioner/assessee, seeking clarification of the order dated 05.07.2023. 2. Quite frankly, no clarification is required, in the sense that all that we had directed the concerned Assessing Officer (AO) to do was to decide the application for stay, in which the petitioner/assessee was given leave to refer to the facts presented before us by him. 3. To reiterate, it is the petitioner s case that the refund amounting to Rs .46,42,955/- had been determined qua him concerning Assessment Year (AY) 2010-11 and AY 2014-15. 4. The refund amount determined for AY 2010-11 is Rs. 7,08,062/-. 4.1 Likewise, for AY 2014-15, the refund determined is Rs. 39,34,893/-. 5. The said amount i.e., Rs. 46,42,955/- [Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v Shakdher, J.] had to convene in a Special Bench. 7. It is in these circumstances that the said application was posted for hearing today. 8. Mr Abhishek Maratha, learned senior standing counsel, who appears on behalf of the respondents/revenue, has returned with instructions, which indicate that the respondents/revenue have computed the amount refundable to the petitioner/assessee. 8.1. It has been pointed out by Mr Maratha that Rs. 44.60 lakhs has been computed as the amount which is refundable to the petitioner/assessee. 10. Mr Pankaj Aggarwal, who appears on behalf of the 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. 10.2. Furthermo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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