2023 (7) TMI 410 - SCH - Income Tax

SC dismisses special leave petitions, upholds High Court judgment. Delay condoned.

SC dismissed the special leave petitions and declined to interfere with the High Court's judgment. Delay was condoned. - [2023] 455 ITR 357 (SC) Refund of interest amount payable u/s 201(1A) - interest u/s 244A - Excessive deduction of TDS on the direction of Department - as aggrieved despite the orders passed by the AO and allowing TDS credit in favour of the petitioner the respondents No.1 and 2 have not refunded the amount of interest - As per HC reasons assigned by the Revenue to decline refund of the interest u/s 201(1A) recovered from respondent No.3-NHAI on behalf of the petitioner is untenable, as after detailed scrutiny, the respondent No.2 found that the petitioner was assessed at loss and therefore, allowed the TDS credit in its favour. The TDS was refunded to the petitioner in accordance with law.Respondent Nos.1 and 2 are directed to refund the interest amount collected under Section 201(1A) of the Act from respondent No.3 on behalf of the petitioner together with interest u/s 244A HELD THAT:- We are not inclined to interfere with the impugned judgment and order of the High Court. The special leave petitions are dismissed. The Supreme Court dismissed the special leave petitions and declined to interfere with the impugned judgment and order of the High Court. Delay was condoned.