Case Law Details
ACC Limited Vs Asst Commissioner CT (Telangana High Court)
once the respondents admit the receipt of both the Demand drafts dt.31.5.1988 from the petitioner for the sum of Rs.28,10,432/- , payment by the petitioner is deemed to be complete and the petitioner is absolved of it’s obligations; and the withholding of the refund by the respondents on the alleged ground that challans are not traceable in the Sub Treasury of deposit of the Demand Drafts by the Commercial Tax Department, after receipt of the Demand Drafts, i.e cross verification is not possible, cannot be a valid reason at all to withhold the refund of the said sum to the petitioner.
In our opinion, this action of the respondents is also violative of Art.14,19,265 and 300-A of the Constitution of India. The respondents cannot be permitted to take advantage of their own negligence, assuming that the Demand drafts handed over by the petitioner, were not presented and encashed by the respondents.
The provisions of Sections 33E and 33F deal with interest on delayed refund.
Section 33E mandates that if the assessing authority or the licensing authority does not grant the refund within six months from the date on which the claim for refund is made by the assessee or the licensee.
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