|The Tax Publishers2021 TaxPub(DT) 0935 (P&H-HC)
INCOME TAX ACT, 1961
Where principal amount and due interest upto November 2019 was already processed and released in favour of petitioner, further, process of computing the interest with effect from December 2019 till the date of payment is under process and shall be completed within four weeks positively, thus, petition was rendered infructuous.
Writ - Claim of refund including interest on refund calculated upto September 2020 due to the petitioner - Principal amount and due interest already processed and released in favour of petitioner -
Petitioner was engaged in the business of manufacture, sale and service of telecommunication and satellite equipments including wireless communication system, two-way radios, celular and paging products and services. Petitioner filed return of income and said return was subsequently revised to claim correct amount of TDS credit as against the TDS credit claimed in original return. Thereafter, the income of petitioner was assessed by AO alleging that petitioner had a PE in India as per Article 5 of India-US DTAA. CIT(A) passed order and relief was given in respect of additions and further held that no PE was constituted in India by virtue of Article 5 of India-US-DTAA. Held: The huge amount of refund, despite having been determined by AO vide passed under section 154 read with section 143(3) has subsequently been reduced vide the CPGRAM disposal Order without giving any reasons/intimation to the petitioner. Even the amount of refund agreed to be paid to petitioner was not credited to the bank account of petitioner till date. During the course of arguments, it was brought to notice of this Court that principal amount and due interest upto November 2019 was already processed and released in favour of petitioner. It was fairly conceded by authority that the process of computing the interest with effect from December 2019 till the date of payment is under process and shall be completed within four weeks positively. Thus, petition was rendered infructuous.
FAVOUR : Petition dismissed.
A.Y. : 2003-04
IN THE PUNJAB AND HARYANA HIGH COURT
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