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| The Tax Publishers2020 TaxPub(DT) 4783 (Del-HC) INCOME TAX ACT, 1961
Section 244
Where assessee contended that it was entitled to interest on income tax refund from date of order till date of actual payment, and it was department's assertion that assessee would be entitled to same, only up to date of order allowing income tax refund, whilst keeping question of law open for determination in an appropriate proceeding, writ petition was disposed of since principal relief seeking income tax refund was satisfied, whilst reserving liberty to assessee to take appropriate steps, if any, in accordance with law.
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Refund - Interest on income - Tax refund - Refund denial from date of order till date of actual payment
Only issue that survived in instant writ petition was interest payable by Income Tax Department, in relation to payment of income tax refund, for which assessee claimed to be entitled to for the assessment year 2018-19. Whilst assessee contended that it was entitled to interest from date of order till date of actual payment, it was department's assertion that assessee would be entitled to same, only upto date of the order allowing income tax refund. Held: Whilst keeping question of law open for determination in an appropriate proceeding, writ petition was disposed of since principal relief seeking income tax refund was satisfied, whilst reserving liberty to assessee to take appropriate steps, if any, in accordance with law.
REFERRED :
FAVOUR : Direction issued.
A.Y. : 2018-19
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