9911796707
TMI Blog2024 (4) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned order dated 23.03.2023 passed by the respondent no. 3 for the Assessment year 2010-11 and Assessment year 2012-13 may kindly be quashed and set aside. D) By issuing appropriate writ, order or directions in the like nature, the respondent authority be directed to pay the interest / compensation @ 9% Per Annum for the period 29.12.2020 till 02.03.2022 on the count of delay in payment of refund to the petitioner of Rs. 20,07,585/- for the Assessment year 2010-11 in the interest of justice. E) By issuing appropriate writ, order or directions in the like nature, the respondent authority be directed to pay the interest/compensation @ 9% Per Annum for the period 29.12.2020 till 22.03.2022 on the count of delay in payment of refund to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount for the Assessment Year 2010-11 and 2012-13 was refunded on 2nd March, 2022 and 22nd March, 2022 respectively. The chart elaborating the delay in issuing the refund is reproduced as under :- Name AY Refund amount as per form No. 5 Form No. 5 of DVSV issued on Date of receipt refund No. of days delay Babasaheb Mate 10.11 1994805 29.12.2020 3.3.2022 428 Bhamabai Mate 10.11 2007580 29.12.2020 2.3.2022 427 Babasaheb Mate 12.13 1902842 29.12.2020 10.5.2022 496 Bhamabai Mate 12.13 1905340 29.12.2020 22.3.2022 447 Bhimabai mate 12.13 3538047 29.12.2020 13.10.2022 652 6. The department has vehemently opposed this Petition. An affidavit-in-reply dated 20th February, 2024 has been filed for set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue, cannot shrug off its apparent obligation to reimburse the deductors lawful monies with the accrued interest for the period of undue retention of such monies. The State having received the money without right, and having retained and used it, is bound to make the party good, just as an individual would be under like circumstances. The obligation to refund money received and retained without right implies and carries with it the right to interest." (emphasis supplied) 8. It will be apposite to re-produce paragraphs 37 and 38 of Tata Chemicals Ltd. (supra) and the same reads as under :- "37. A "tax refund" is a refund of taxes when the tax liability is less than the tax paid. As per the old section an assessee was entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efund of amounts paid as tax or deemed tax or advance tax is a method now statutorily adopted by fiscal legislation to ensure that the aforesaid amount of tax which has been duly paid in prescribed time and provisions in that behalf form part of the recovery machinery provided in a taxing Statute. Refund due and payable to the assessee is debtowed and payable by the Revenue. The Government, there being no express statutory provision for payment of interest on the refund of excess amount/tax collected by the Revenue, cannot shrug off its apparent obligation to reimburse the deductors lawful monies with the accrued interest for the period of undue retention of such monies. The State having received the money without right, and having retained ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
