AI Structured Summary
Not yet generated for this judgment
Judgment
Jawahar Lal Gupta, J.
The petitioner had approached this court with the prayer that a writ in the nature of mandamus be issued directing the authorities under the Income Tax Act to ''issue refund along with interest u/s 244(1A) of the Act''.
On 30-10-1998, the petitioner filed the return for the assessment year 1998-99. It declared an income of Rs. 30,76,500 and paid a tax of Rs. 10,76,775. On 31-5-1999, the assessing authority issued the intimation u/s 143(1)(a) of the Income Tax Act, 1961 (hereinafter referred to as the Act) informing the petitioner that the taxable income was Rs. 31,47,881. The petitioner filed an application u/s 154. The application was accepted. The taxable income was fixed at Rs. 30,76,500.
The assessing officer issued a notice u/s 143(2). On 3-10-2000, the order of the assessment was passed. An addition of Rs. 13,67,712 was made. A demand for Rs. 7,31,229 was raised. The petitioner requested the assessing officer to adjust this demand against the amount, which was due on account of refund in respect of the assessment years 1999-2000 and 2000-2001. On 5-1-2001, an amount of Rs. 5,89,806 was adjusted. A balance of Rs. 1,41,423 remained.
The petitioner filed an appeal against the order dated 3-10-2000, passed by the assessing officer. Vide the order dated 12-9-2001, the Commissioner (Appeals) accepted the petitioner''s claim and deleted the addition of Rs. 13,67,762. As a result, the petitioner became entitled to the refund of an amount of Rs. 5,89,806, which had been adjusted. The petitioner sent letters dated 10-10-2001 and 5-11-2001. Having received no reply, it approached this court through the present writ petition on 17-11-2001.
Notice of motion was issued.
Mr. Sawhney appears for the respondents. He states that the ''refund order'' for an amount of Rs. 6,56,159 was issued to the petitioner on 26-11-2001.
Mr. Sanjay Bansal, the learned counsel for the petitioner, accepts this position.
Mr. Bansal contends that the respondents are bound to pay interest on the amount for the period from 1-11-2001 to 26-11-2001.
In the circumstances of the case, we find no ground to issue such a direction. However, if the petitioner has any cause for grievance, or any legally sustainable claim, it may approach the civil court or seek such other remedy, as may be available. Since the amount has been refunded, we dispose of this writ petition as having been rendered infructuous.
No costs.