On writ against the failure to issue the refunds the Court held that the Assessing Officer who was the Assistant Commissioner (TDS) who passed the order of rejection did not have pecuniary jurisdiction. Further, the letter dated December 10, 2020 by which the Principal Chief Commissioner, New Delhi, had referred the matter to the Principal Chief Commissioner, Bihar and Jharkhand could not be ignored, inasmuch as, the competent authority to pass the refund order was Central Board of Direct Taxes. In order to pass a final order as per Circular No. 9 of 2015, (2013) 374 ITR 25 (St) the Board is the competent authority. Case remitted to CBDT.
Jharkhand Bijili Vitran Nigam Ltd. v. PCIT (2023)455 ITR 436/333 CTR 738 /150 taxmann.com 191 (Jharkhand)(HC)
S. 237 : Refunds-Delay in filing application for refund-Claims Exceeding Rs. 50 Lakhs to be considered by CBDT-Directed the Board to pass an order on refunds [S.119, 133A, 194C, 201(1), Art, 226]