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of <h1>Tax refund of Rs. 2.19 crore with 6% interest approved under Vivad Se Vishwas Act 2020</h1> <h3>Dish TV India Limited Versus Commissioner of Income Tax (TDS) and 2 others</h3> Dish TV India Limited Versus Commissioner of Income Tax (TDS) and 2 others - 2024:AHC:189085 - DB Issues:Refund of tax arrears under Vivad Se Vishwas Act, 2020; Challenge to demand raised by assessing officer; Appeal before Income Tax Appellate Tribunal; Application under VSV Act, 2020 for settlement of disputed tax; Non-refund of amount as per Form 5 under VSV Act, 2020; Requirement to fill Form 26B for refund; Entitlement to interest on delayed refund amount.Analysis:The petitioner filed a writ petition seeking a refund of tax arrears amounting to Rs. 2,19,42,954/- under the Vivad Se Vishwas Act, 2020, along with interest under Section 244A of the Income Tax Act, 1961. The demand arose from an assessment order in F.Y. 2008-09 for alleged short payment of TDS, which was challenged before the first appellate authority and later revised by the assessing officer. Subsequently, the petitioner applied for settlement under the VSV Act, 2020, and a refundable amount was determined. Despite issuance of Form 5 indicating the refundable sum, the amount was not refunded, leading to the petition. The respondents argued that the petitioner needed to fill Form 26B for refund, which was contested by the petitioner citing provisions of the VSV Act, 2020.The court noted that once Form 5 under the VSV Act, 2020 was issued entitling the petitioner to a refund, there was no requirement for filing Form 26B as demanded by the respondents. The court emphasized that the VSV Act, 2020 did not necessitate filling any additional form for refund. Additionally, the court cited precedents where interest was awarded on delayed refunds, emphasizing the obligation to refund money received without right. The court rejected the respondent's argument regarding the provisions of Section 7 of the VSV Act, 2020, clarifying that the entitlement to interest for delayed payment was distinct from the provisions mentioned in the Explanation to Section 7.Consequently, the court allowed the writ petition and directed the respondents to pay the refund amount of Rs. 2,19,42,954/- along with interest at 6% per annum on the delayed refund amount from a specified date till the actual payment, to be completed within eight weeks from the date of the order. The court's decision was based on the petitioner's entitlement to interest for delayed payment beyond the stipulated period.
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