Case Law Details
Ingenico International India Pvt. Ltd. Vs JCIT (Delhi High Court)
By way of the present petition, Petitioner is seeking a direction to the Respondents to issue interest of Rs.53,92,420/- for the Assessment Year 2018-19 (Rs. 51,11,299/- upto May, 2021 and Rs.2,81,121/- as additional amount).
Learned counsel for the Petitioner states that this Court vide order dated 18th March, 2021 in W.P.(C) 10764/2021 had directed Income Tax Department to remit the amount as determined vide order dated 02nd October, 2019 along with requisite interest as payable under the extant provisions of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) within ten days from date of receipt of the judgment. She, however, states that the Petitioner received refund of Rs.5,89, 14,452/- (including interest under Section 244A of the Act for the period April 2018 to October 2019) only on 28th May, 2021. She points out that Rs.5,89,14,452/- is the amount interest only upto that date and the Respondents have not paid interest amount for the period thereafter.
Issue notice. Mr.Kunal Sharma, learned standing counsel accepts notice on behalf of the Respondents. He states that the representation of the Petitioner shall be decided in a time bound manner.
However, keeping in view the earlier order dated 18th March, 2021 in W.P.(C) 10764/2021 and the order dated 2nd October, 2019, it is apparent that though the petitioner is entitled to interest in accordance with Section 244A up to the date of payment i.e., 28th May, 2021, yet it has been paid interest only up to 2nd October, 2019.
Consequently, this Court directs the Respondents to issue applicable interest to the Petitioner for the period April 2018 to 28th May, 2021 within six weeks.
With the aforesaid directions, present writ petition stands disposed of.
List the matter for compliance on 12th May, 2022.
