Trueblue India LLP v. Dy. CIT (2022) 447 ITR 500/ 289 Taxman 522 (Delhi)(HC)

S. 241A : Refunds-Withholding of refund in certain cases-Mere issue of notice under Section 143(2) not a ground for withholding refund-Entitled to refund with interest till date of refund of amount withheld except tax payable on disputed amount. [S. 10AA, 115JB, 143(2), 241(1), Art.226]

On writ allowing the petition the Court held, that refund could not have been withheld just because a notice under section 143(2) had been issued for verification of the assessee’s claim for deduction under section 10AA. The order passed under section 241A against the assessee was a generic order and no attempt had been made by the respondents to substantiate how the grant of the refund was likely to adversely affect the Department. Therefore, the order passed under section 241A was quashed and the matter was remanded back to the Assistant Commissioner. The assessee was entitled to refund with interest till the date of refund of the amount withheld except for the tax payable on the disputed amount (of claim for deduction under section 10AA) under section 115JB and under the normal provisions of the Act. Accordingly, the Assistant Commissioner was directed to pass a fresh order under section 244A. (AY.2020-21)