Facts of the Case
The present writ petitions were filed by the petitioner,
PeopleStrong Technologies Private Limited, seeking directions to the Respondent
(Assistant Commissioner of Income Tax) to credit refunds arising from excess
deduction of tax at source (TDS) for Assessment Years 2017–18 and 2018–19 into
its bank account, along with applicable interest.
During the pendency of the proceedings, it was submitted by the petitioner’s counsel that the refund amounts due for the relevant assessment years had already been received.
Issues Involved
- Whether
the petitioner was entitled to issuance of directions for credit of TDS
refund along with interest.
- Whether the writ petitions survive after receipt of the refund amount during the pendency of proceedings.
Petitioner’s Arguments
- The
petitioner contended that excess tax had been deducted at source for AY
2017–18 and 2018–19.
- Despite
entitlement, the refund had not been credited by the Income Tax
Department.
- The petitioner sought judicial intervention for immediate release of the refund along with interest accrued till date.
Respondent’s Arguments
- During
the course of hearing, it was indicated that the refund due to the
petitioner had already been processed and credited.
- Therefore, no further adjudication was required in the matter.
Court’s Findings / Order
- The
Hon’ble Delhi High Court noted the submission made by the petitioner’s
counsel that the refunds for the relevant assessment years had been
received.
- In
light of this development, the Court held that the grievance of the
petitioner stood satisfied.
- Accordingly, the writ petitions were disposed of as satisfied.
Important Clarification
- The
Court did not adjudicate on the merits of delay or entitlement to
interest, as the principal relief had already been granted during the
pendency of proceedings.
- The disposal reflects that writ jurisdiction may not be invoked further once the cause of action ceases to exist.
Sections Involved
- Income
Tax Act, 1961
- Section
199 – Credit for TDS
- Section
237 – Refund of excess tax
- Section
244A – Interest on refunds
- Article 226 of the Constitution of India (Writ Jurisdiction)
Link to download the order -
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