Assessee awarded interest on refund from TDS deposit date under section 244A; delayed return condoned under section 119(2)(b) HC allowed the petitions directing the respondent to grant interest on the refund from the date of TDS deposit until refund under section 244A, to be ...
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Assessee awarded interest on refund from TDS deposit date under section 244A; delayed return condoned under section 119(2)(b)
HC allowed the petitions directing the respondent to grant interest on the refund from the date of TDS deposit until refund under section 244A, to be completed within 12 weeks. The SC dismissed the revenue's delayed SLP (398 days) for want of satisfactory explanation and, on merits, found no substance in it. The underlying issue involved TDS having been deducted under an incorrect section (should have been 194A, not 194C) and the assessee's return filed after delay was condoned under section 119(2)(b).
There is a delay of 398 days in filing the Special Leave Petition which "has not been satisfactorily explained." The Court reviewed the petition on its merits and concluded it lacked substance. Consequently, "The Special Leave Petition is, therefore, dismissed on the ground of delay as well as on merits." The decision disposes of any pending applications, as reflected in the holding that "Pending application(s), if any, stand disposed of." The ruling rests on procedural default (excessive unexplained delay) coupled with an assessment that the petition did not merit interference, leading to dismissal on dual grounds.
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