Can HC quash Section 241A order withholding refund pending completion of scrutiny assessment

GE Capital Mauritius Overseas Investments Vs DCIT (Delhi High Court)

Issue: Whether order u/s 241A withholding refund pending completion of scrutiny assessment can be quashed by writ court under article 226 of the Constitution of India?

Held:

I. The time limit, as interpreted by us above, for passing Order under Section 241A of the Act; expiring on 31^st March, 2020, was between 20^th March, 2020 and 29^th June, 2020 and stood extended vide the Taxation & Other Laws (Relaxation of Certain Provisions) Ordinance supra and notification issued thereunder and thus it cannot be said that owing the said order being not issued before 31^st March, 2020, any right accrued to the petitioner for receiving refund.

II. The real question agitated and to be decided is, whether the order under Section 241A of the Act is liable to be quashed.

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