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Ups Freight Services India Private ... vs Deputy Commissioner Of Income Tax ... on 28 August, 2023
cites
Section 5 in THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 [Entire Act]
Section 6 in THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 [Entire Act]
Union Of India Tr.Dir.Of I.T vs M/S Tata Chemicals Ltd on 26 February, 2014
8. It will be apposite to re-produce paragraphs 37 and 38 of
Tata Chemicals Ltd. (Supra) and the same reads as under:
Section 244A in The Income Tax Act, 1961 [Entire Act]
Mrs.Anjul vs Office Of Principal Commissioner Of ... on 4 November, 2022
In
response, Mr. Gandhi relies on the judgment of the Hon'ble Delhi
High Court in Mrs. Anjul v. Office of Principal Commissioner of
Income-tax 1 to submit that the Hon'ble Delhi High Court relying
1 [2022] 145 taxmann.com 140 (Delhi)
Page 3 of 7
Shivgan
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403-oswpl-10314-2023.doc
upon the judgment of the Hon'ble Apex Court in Union of India v.
Tata Chemicals Ltd.2 has held, State having received the money
without right and having retained and used it, is bound to make
the party good, just as an individual would be under like
circumstances. The obligation to refund money received and
retained without right implies and carries with it the right to
interest. Mr. Gandhi submits that in that case, Petitioner was an
individual and the Court granted 5% simple interest. In the case at
hand, Petitioner is a corporate entity, which has to borrow amount
at very high rate of interest for paying these amounts and,
therefore, this Court should grant at least the rate of interest which
is provided for in Section 244A of the Act.
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