Case Law Details
L S Cable and System Ltd. Vs Union of India & Ors. (Delhi High Court)
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed seeking a direction to respondent no.2 to issue refund determined vide assessment order dated 29th November, 2019 under Section 143(3) of the Act, amounting to Rs.2,62,38,433 (inclusive of interest under Section 244A till 29th November, 2019) for assessment year 2017-2018 along with remaining interest from 30th November, 2019 till the date of issuance of refund and to decide petitioner’s rectification application dated 19th December, 2019 and grant consequential refund amounting to Rs.3,30,826/- along with interest under Section 244A from 01st April, 2017 till the date of issuance of refund.
3. Learned counsel for the petitioner contends that respondent no.2 has withheld the refund due to the petitioner without any reason and/or explanation. He submits that under Section 241A of the Act, the Assessing Officer can pass an order withholding the grant of refund (after satisfying all the parameters laid down under Section 241A of the Act) only up to the date on which assessment is made i.e. during the pendency of the scrutiny assessment and not once an order under Section 143 (3) has been passed and the scrutiny assessment has concluded – like in the present case. In support of his submission, he relies upon the orders of this Court in M/S. Fis Payment Solutions & Services India Pvt. Ltd. vs. DCIT, W.P.(C) 2162/2020 and Hyosung Corporation v. UOI & Ors., W.P.(C) 4681/2020.
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