On writ the Court held that the delay in payment of refunds to the assessees is on account of negligence/laxity on the part of the Department which results in imposition of unwarranted interest burden on the public exchequer; respondents are directed to take instructions from CBDT and make an appropriate statement either on the adjourned date of hearing or earlier to that so that appropriate orders can be passed. Court directed to frame such rules and mechanism by which accountability needs to be fixed on a particular officers, whose actions are increasing the burden on the Government of India, is required to be immediately. The Court also observed that delayed payment of refunds burdens the public exchequer any situation of an unjust enrichment is not acceptable. Due to delay of refund by which a serious prejudice to both the revenue and to the assessee is caused. (AY. 2013-14, 2016-17)
Bloomberg Data Services (India) (P) Ltd. v. DCIT (2025) 342 CTR 249 / 245 DTR 9 / 302 Taxman 454 (Bom)(HC)
S. 237 : Refunds-Delay in payment—Laxity of Department—Strictures-Refund of tax amount if any, ought to be immediately granted to assessee-Delayed payment of refunds burdens the public exchequer-Rules would be required to be framed-Accountability is required to be fixed. [S. 239, 244A, Art. 226]
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