KRBL LIMITED Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Present writ petition has been filed seeking a direction to the Respondents to issue the refund of Rs.35,63,56,882.00along with up-to-date interest being admittedly due to the Petitioner pursuant to appeal effect order dtd. 5/4/2021 arising out of order of CIT(A), pass the appeal effect order pursuant to the ITAT order dtd. 9/5/2022 as well as issue additional refund of Rs.20,36,43,118.00along with up-to-date interest and to release the refund of Rs.60,00,000.00seized at the time of search along with up-to-date interest due to the Petitioner pursuant to the ITAT order dtd. 9/5/2022.

(2.) Learned counsel for the Petitioner states that the ITAT vide order dtd. 9/5/2022, decided all issues in favour of the Petitioner and the entire additions were deleted. She states that the Petitioner is now entitled to a refund of remaining taxes paid under protest amounting to Rs.56,00,00,000.00along with applicable interest under Ss. 244A/244A(1A) of the Income Tax Act, 1961 ('the Act').

(3.) Learned counsel for the Petitioner states that the Petitioner has filed letters dtd. 20/5/2022 and 11/7/2022 with the Respondents for passing of an appeal effect order pursuant to the ITAT order and also for release of refunds legally due to the Petitioner, but to no avail. She submits that non-issuance of refund is in violation of Article 265 of the Constitution of India and also against Ss. 237 and 240 of the Act.