Income Tax Dept. To Decide On Rectification Application Filed By American Express, Grant Refund If Any: Delhi High Court
The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has directed the income tax department to decide on the rectification application filed by American Express and grant a refund, if any, along with the interest.The petitioner/assessee sought the direction from the respondents/department to pass orders disposing of the rectification applications for the...
The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has directed the income tax department to decide on the rectification application filed by American Express and grant a refund, if any, along with the interest.
The petitioner/assessee sought the direction from the respondents/department 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 assessee. As a result, a grant refund of Rs. 45.60 crore, including applicable interest, should be made under Section 244A of the Income Tax Act of 1961.
The assessee argued that the department had failed to process the petitioner's rectification applications for no explanation or cause.
The court directed the department 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 the law within twelve weeks. A refund, if any, along with applicable interest under Section 244A of the Income Tax Act shall be issued.
Case Title: American Express India Private Limited Versus ACIT
Citation: 2022 LiveLaw (Del) 289
Dated: 01st April, 2022
Counsel For Appellant: Advocate Jasmin Amalsadvala
Counsel For Respondent: Advocate Zoheb Hossain