Jan De Nul Dredging India Private Limited Vs DCIT (Madras High Court)
The Madras High Court has directed the Deputy Commissioner of Income Tax (DCIT) to process the pending income tax refund of Rs. 92,04,224/- to Jan De Nul Dredging India Private Limited, along with applicable interest under Section 244A of the Income Tax Act, 1961. The refund pertains to Assessment Year 2011-12.
Jan De Nul Dredging India Private Limited filed a writ petition seeking consideration of its representation dated August 7, 2024, for the long-delayed refund. The petitioner’s counsel stated that an assessment order dated March 31, 2015, under Section 143(3) of the Act, had determined a refund of Rs. 5,70,74,511/-. With interest under Section 244A, the total receivable refund amounted to Rs. 7,33,40,747/-. However, the company claimed it had only received Rs. 6,41,36,523/-, leaving a balance of Rs. 92,04,224/- unpaid. Despite multiple representations, including the most recent one on August 7, 2024, the respondents had neither considered the requests nor processed the remaining refund.
The learned Junior Standing Counsel for the respondent argued that the refund was from 2015 and the representation was belatedly filed. In response, the petitioner’s counsel reiterated that earlier representations had also been submitted but remained unaddressed.
