Daimond Plaza Pvt. Ltd. Vs ACIT (Orissa High Court)
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to release refund under Sections 240 and 244A of the Income Tax Act in order to give effect to the appellate order dated 14 June 2018 passed by the Commissioner of Income Tax (Appeals)-2, Bhubaneswar for Assessment Year 2009-10. The assessment order dated 28 December 2016 had been passed under Section 153A by the Assistant Commissioner of Income Tax, Central Circle, Cuttack. The appellate authority allowed the appeal and deleted the additions made by the Assessing Officer. Despite this, the refund had not been granted, leading to the filing of the writ petition.
When the matter was taken up on 2 February 2026, the petitioner contended that upon deletion of additions, it was entitled not only to refund under Section 240 but also to interest under Section 244A. The Department sought time to obtain instructions. During the hearing, the Department furnished a Rectification Order dated 11 February 2026 passed under Section 154 read with Section 251 for the same assessment year, indicating that steps had been taken to release the refund along with interest.
