Facts of the Case
The petitioner, MUFG Bank Ltd., filed multiple writ
petitions seeking refund of tax amounts along with applicable interest.
Earlier, the Court had directed the respondents (Income Tax Department) to
credit the refund amount along with interest to the petitioner’s account within
a period of two weeks.
Subsequently, the respondent authorities filed applications
seeking three weeks’ additional time to comply with the order dated 02
September 2020. The delay was attributed to disruptions caused due to COVID-19,
as several officials had tested positive and were under isolation.
It was also noted that partial compliance had already been made in respect of certain assessment years.
Issues Involved
- Whether
the respondent department should be granted additional time to comply with
the Court’s earlier order directing refund with interest.
- Whether
COVID-19 related administrative difficulties constitute sufficient ground
for extension of time.
- Whether the interest on refund was correctly computed and paid.
Petitioner’s Arguments
- The
petitioner contended that although refund was granted, interest computation
was incorrect, particularly for Assessment Year 2011–12.
- It was argued that the respondent must strictly comply with the earlier court directions and ensure accurate calculation of interest
Respondent’s Arguments
- The
respondent submitted that:
- The
earlier order had been substantially complied with for certain assessment
years.
- Due
to COVID-19 outbreak, several officials were infected and the
office remained non-functional due to isolation protocols.
- Hence, additional time of three weeks was necessary to fully comply with the Court’s directions.
Court’s Findings / Order
- The
Delhi High Court allowed the applications filed by the respondents.
- The
Court granted three weeks’ additional time to comply with its
earlier order dated 02 September 2020.
- The
Court clarified that:
- The
refund must be paid along with interest up to the actual date of
payment.
- A proper computation of interest must be provided along with the payment.
Important Clarifications by the Court
- Interest
under the Income Tax Act must be calculated till the date of actual
refund payment, not merely till an earlier date.
- Authorities
are required to provide transparent computation details along with
refund.
- COVID-19
related administrative disruptions can be considered a valid ground for
limited procedural extension, but compliance must still be ensured
within the extended timeline.
Sections Involved
- Income
Tax Act, 1961
- Section
244A – Interest on Refunds
- Principles relating to compliance of court orders and grant of extension of time
Link to download the order -
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