The Division Bench of the Delhi High Court in the case of Mother Dairy Fruit and Vegetable Pvt. Ltd. vs The Deputy Commissioner of Income Tax, Circle 16(1) New Delhi & Ors. consisting of Justices Manmohan and Dinesh Kumar Sharma directed the Revenue to release the refund amounts due to Mother Dairy Fruit and Vegetable Pvt Ltd.
acts
These writ petitions were filed challenging the impugned intimations u/s 143(1) of the Income Tax Act, 1961 (‘the Act’). Learned counsel for the Petitioners prayed for release of refunds of Rs.7,09,36,128/- comprising principal amount of Rs.5,45,66,252/- and interest of Rs.1,63,69,876/- calculated up to February, 2022 along with applicable interest u/s 244A of the Act due to the Petitioner for the Assessment Year 2017-18 and refunds of Rs.8,20,57,079/- comprising principal amount of Rs.6,61,75,063/- and interest of Rs.1,58,82,015/- calculated up to February, 2022 along with applicable interest u/s 244A of the Act due to the Petitioner for the Assessment Year 2018-19.
Procedural History
On the last date of hearing, this Court had directed the respondent-revenue to place on record the alleged orders passed u/s 241A of the Act. But learned counsel for respondents-revenue stated on this day of hearing that no order has been passed u/s 241A of the Act till date.
Judgment
This Court directed the respondents-revenue to release the refund amounts due to the petitioner within four weeks as per law and accordingly, the petitions were dismissed.
Case: Mother Dairy Fruit and Vegetable Pvt. Ltd. vs The Deputy Commissioner of Income Tax, Circle 16(1) New Delhi & Ors.
Citation: W.P.(C) 4501/2022 & 4651/2022
Bench: Justice Manmohan, Justice Dinesh Kumar Sharma
Decided on: 28th September 2022
Read Judgment ;
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