2019 (8) TMI 60

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....>MR AJAY TEWARI AND MR HARNARESH SINGH GILL, JJ. For The Petitioner : Ms. Reeta Kohli, Senior Advocate with Ms. Chahat Aggarwal, Advocate For The Respondent-Revenue : Mr. Denesh Goyal, Senior Standing Counsel ORDER AJAY TEWARI , J (ORAL) 1. This petition has been filed against the action of the respondents in rejecting the representation wherein the petitioner had prayed for interes....

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....r the period during which the money was wrongly retained. 5. In the written statement, it has been accepted by the respondents that the money was wrongly attached and retained but the plea taken to justify non-payment of interest is that there is no provision for grant of interest on any excess income tax which may be recovered. 6. Learned senior counsel appearing for the petitioner has argu....

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..... In our opinion, the arguments of the petitioner must prevail. The provision of interest in Section 244-A of the Income Tax Act would have no applicability in the present case because it is a case of illegal attachment and retention. In the written statement, the Revenue has accepted that the money was wrongly attached and retained. There can be no escape from the payment of interest. The rate of....