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        Case ID :

        2022 (6) TMI 847 - HC - Income Tax

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        Court Orders Respondents to Pay Petitioner Over Rs. 53 Lakh Interest Arrears The court directed the respondents to pay the petitioner the applicable interest amounting to Rs.53,92,420/- for the Assessment Year 2018-19 within six ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Court Orders Respondents to Pay Petitioner Over Rs. 53 Lakh Interest Arrears

                          The court directed the respondents to pay the petitioner the applicable interest amounting to Rs.53,92,420/- for the Assessment Year 2018-19 within six weeks, covering the period from April 2018 to 28th May, 2021. The court emphasized compliance with previous orders and statutory provisions, ensuring the petitioner's entitlement to the complete interest amount as per the Income Tax Act, 1961. The matter was listed for compliance on 12th May, 2022, confirming the implementation of the court's directives for interest payment beyond the initial date specified.




                          Issues:
                          1. Petitioner seeking interest payment for Assessment Year 2018-19.
                          2. Non-payment of interest amount post the specified date.
                          3. Compliance and direction for interest payment.

                          Analysis:
                          1. The petitioner filed a petition seeking direction for the respondents to issue interest amounting to Rs.53,92,420/- for the Assessment Year 2018-19, comprising of the principal amount and an additional sum. The petitioner highlighted a previous court order directing the Income Tax Department to remit the determined amount along with interest as per the Income Tax Act, 1961. The petitioner received a refund but pointed out that it only included interest up to a specific date, leaving out the interest for the subsequent period.

                          2. Upon notice, the learned standing counsel for the respondents acknowledged the representation and assured a time-bound decision. The court observed that despite being entitled to interest until the payment date of 28th May, 2021, the petitioner had only received interest up to 2nd October, 2019. Consequently, the court directed the respondents to pay the applicable interest to the petitioner for the period from April 2018 to 28th May, 2021 within six weeks, emphasizing compliance with the previous court orders and statutory provisions.

                          3. The court granted the petitioner's request for interest payment beyond the initial date and disposed of the writ petition with the direction for interest payment within a specified timeline. The matter was listed for compliance on 12th May, 2022, ensuring the implementation of the court's directives and the fulfillment of the petitioner's entitlement to the complete interest amount as per the relevant legal provisions.
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                          ActsIncome Tax
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