The Tax Publishers2020 TaxPub(DT) 3020 (SC)

INCOME TAX ACT, 1961

Section 261 Section 241A

Where the department preferred SLP to appeal against the judgment of Bombay High Court in Vodafone Idea Limited v. Asstt. CIT, The Pr. CIT, UOI [WP-LD-VC No. 81 of 2020, dt. 26-6-2020] : 2020 TaxPub(DT) 2745 (Bom-HC), whereby the High Court held that power to withhold the refund granted to AO was subject to the previous approval of the Pr. CIT or CIT, as the case may be, and that also would be for every assessment year after 1-4-2017 where refund of any amount became due to assessee under the provisions of sub-section (1) of section 143 and not for the earlier assessment year, that the assessment year in question in this case was 2014-15. Section 241A pressed in service even in the affidavit-in-reply or otherwise was not attracted to the refund of assessment year 2014-15 or any assessment year prior to 2017-18, that no approval was granted by the Pr.CIT or CIT, as the case may be to withhold the refund up to the date on which the assessment was made, the Supreme Court dismissed the SLP.

Appeal (Supreme Court) - Special leave petition - Refund - Withholding of refund--Applicability of section 241A

Department preferred SLP to appeal against the judgment of Bombay High Court in Vodafone Idea Limited v. Asstt. CIT, The Pr. CIT, UOI [WP-LD-VC No. 81 of 2020, dt. 26-6-2020] : 2020 TaxPub(DT) 2745 (Bom-HC), whereby the High Court held that power to withhold the refund granted to AO was subject to the previous approval of the Pr. CIT or CIT, as the case may be, and that also would be for every assessment year after 1-4-2017 where refund of any amount became due to assessee under the provisions of sub-section (1) of section 143 and not for the earlier assessment year, that the assessment year in question in this case was 2014-15. Section 241A pressed in service even in the affidavit-in-reply or otherwise was not attracted to the refund of assessment year 2014-15 or any assessment year prior to 2017-18, that no approval was granted by the Pr.CIT or CIT, as the case may be, to withhold the refund up to the date on which the assessment was made.Held: The Supreme Court dismissed the SLP.

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