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April 12, 2022

Income Tax Department to decide on Refund claimed by American Express: Delhi HC

by CA Shivam Jaiswal in Income Tax

Income Tax Department to decide on Refund claimed by American Express: Delhi HC

Facts and issue of the case

By way of the present petition, petitioner seeks direction to the respondents to pass orders disposing of the rectification applications for the Assessment Years 2005-06, 2006-07, 2008-09, 2009-10, 2012-13, 2014-15, 2017-18, 2006-07 (FBT) and 2007-08 (FBT) filed by the Petitioner and consequentially, grant refund of Rs.45.60 crore arising there from along with applicable interest under Section 244A of the Income Tax Act, 1961 (for short ‘Act’).

 Learned counsel for the petitioner states that the respondents have failed to process rectification applications filed by the petitioner without any reason or cause.

Observation of the court

Issue notice.

Mr. Zoheb Hossain, learned counsel accepts notice on behalf of the respondents.

Keeping in view the limited prayer sought in the present writ petition, respondent No.1 is directed to decide the rectification applications for Assessment Years 2005-06, 2006-07, 2008-09, 2009-10, 2012-13, 2014-15, 2017-18, 2006-07 (FBT) and 2007-08 (FBT) in accordance with law within twelve weeks. Refund, if any, along with applicable interest under Section 244A of the Act shall be issued within the said period.

Conclusion

Court directs Income Tax Dept to allow Refund.

American-Express-India-Private-Limited-Vs-ACIT-Delhi-High-Court

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