Cwjc/12122/2019 Of Bihar State Financial Corporation v. The Principal Commissioner Of Income Tax-1 Patna

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.12122 of 2019 ====================================================== Bihar State Financial Corporation, Fraser Road, Patna, through its authorizedsignatory namely Malay Kumar Bhattacharyya, male, aged about 62 years,son of Bhujanga Bhushan Bhattacharyya, resident of Flat no. 42, Panch BatiApartment, Punaichak, P.O.- Punaichak, P.S.- Shashtrinagar, District- Patna. ... ... Petitioner/s Versus 1.The Principal Commissioner of Income Tax-1 Patna. 2.The Deputy Commissioner of Income Tax, Circle- 2, Patna. 3.The Assistant Commissioner of Income Tax, Circle-2, Patna. ... ... Respondent/s ====================================================== Appearance :For the Petitioner/s: Mr. Ajay Kumar Rastogi, Advocate For the Respondent/s: Ms. Archana Sinha @ Archana Shahi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMARORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-02-2021 Heard learned counsel for the petitioner and learnedcounsel for the respondents. Petitioner has prayed for following relief:- “For issuance of a writ in the nature ofmandamus of any other appropriate writ forcommanding the respondents to issue refund of totalRs.4,66,82,522.00 along with statutory interest underSections 244 and 244A of the Income Tax Act to thepetitioner for the Assessment years 1985-86, 2006-07, 2007-08, 2008-09, 2009-10, 2011-12, 2014-15and 2015-16, the break up of the same is quotedhereunder: B. For any other relief which the petitioner may be found entitled to by the Hon’ble Court. Petitioner, a Public Sector Undertaking-cum-instrumentality of Government of Bihar, prays for writ ofmandamus, with a direction to the respondent-Income TaxDepartment to pass order for refund of the amount along withstatutory interest, to which the petitioner is entitled based on theassessment carried out with respect to the assessment yearcommencing from 1985-86 upto 2015-16. According to thepetitioner, the total amount of refund is Rs.4,66,82,522/- We notice that present petition was filed in the year 2019and, perhaps, with the passage of time, most of the amount mayhave been refunded. As such, as prayed for, we dispose of the present petitionwith direction to the respondent no.3, the AssistantCommissioner of Income Tax, Circle-2, Patna to process all cases for refund of the amount, subject matter of the presentpetition, positively within a period of 4 weeks from the date ofpassing of the order. Also the amount due, along with statutoryinterest, shall be refunded within a period of 4 weeks thereafter. Needless to say, issue of payment of interest shall also beexamined accounting for the order passed, if any, by anyappellate authority. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFRNAFRCAV DATENAUploading Date19.02.2021Transmission DateNA