Court directs prompt decision on rectification application, orders payment of interest. Writ petition disposed with instructions. The court accepted the respondents' counsel's assurance to decide promptly on the rectification application and ensure payment of up-to-date interest to ...
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Court directs prompt decision on rectification application, orders payment of interest. Writ petition disposed with instructions.
The court accepted the respondents' counsel's assurance to decide promptly on the rectification application and ensure payment of up-to-date interest to the petitioner. Consequently, the writ petition was disposed of with instructions to upload the order on the website and share it with the petitioner's counsel via email.
Issues Involved: 1. Failure to pay interest on the refund amount to the petitioner. 2. Rectification application filed by the petitioner for up-to-date interest. 3. Assurance by respondents' counsel to decide on rectification application within two weeks and pay up-to-date interest.
Issue 1: Failure to pay interest on the refund amount to the petitioner The petitioner, through their counsel, highlighted the non-payment of interest on the refund amount. The Assessing Officer had presented the refund order, which included interest under section 244A. However, the petitioner had not received this interest amount until the date of the hearing.
Issue 2: Rectification application filed by the petitioner for up-to-date interest The respondents' counsel informed the court about the rectification application submitted by the petitioner, which included a prayer for the payment of up-to-date interest. The counsel assured the court that the rectification application would be decided within two weeks, and the petitioner would receive the appropriate interest amount as per the law.
Issue 3: Assurance by respondents' counsel to decide on rectification application within two weeks and pay up-to-date interest The court accepted the undertaking provided by the respondents' counsel, acting on behalf of the Assessing Officer. The respondents were bound by this undertaking to decide on the rectification application promptly and ensure the payment of up-to-date interest to the petitioner. Consequently, the writ petition was disposed of based on this assurance, with instructions to upload the order on the website and share it with the petitioner's counsel via email.
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