Midland Microfin Ltd. V. Union of India and Ors.

CWP/8827/2023

AI Insights

The case involves Midland Microfin Ltd. as the petitioner against the Union of India and others as respondents, concerning a refund issue under the Income Tax Act, 1961. The petitioner had filed a writ petition to address a rectification application dated 27.09.2022, seeking a directive for the respondents to process the refund. The court noted that the refund had already been issued on 22.08.2023, rendering the writ petition infructuous. The court also acknowledged the pending claim for interest, which would be addressed separately.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 816575 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 06-05-2024
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Assessee Lawyers: ABHINAV NARANG
• Keywords: Infructuous; Interest; Rectification Application; Refund
• Section: 244A

Judgement Text

"CWP-8827-2023 (O&M) 117+257 IN THE HIGH COURT OF PUNJAB AND HARYANA AT MIDLAND MICROFIN LTD. UNION OF INDIA AND ORS. CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE Present Mr. for the petitioner. SANJEEV PRAKASH SHARMA, 1. It is an admitted position that the petitioner has received the refund of a sum of Rs.52,77,510/ under Section 244A authorities, this Court. 2. The writ petition was filed to decide the rectification application dated 27.09.2022 (Annexure P respondents to refund the amount. 3. In view of the aforesa and the claim for interest is already pending, no further orders are required to be passed in the present writ petition. 4. Writ Petition has become infructuous and is accordingly dismissed. 5. The application se 2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MIDLAND MICROFIN LTD. Vs. UNION OF INDIA AND ORS. **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE SUDEEPTI SHARMA **** Mr. Abhinav Narang, Advocate for the petitioner. **** SANJEEV PRAKASH SHARMA, J.(Oral) It is an admitted position that the petitioner has received the refund of a sum of Rs.52,77,510/- on 22.08.2023. Application for under Section 244A of the Income Tax Act, 1961 authorities, and in view thereof, no orders are required to be passed by this Court. The writ petition was filed to decide the rectification application dated 27.09.2022 (Annexure P-6) within six months and for directing the respondents to refund the amount. In view of the aforesaid facts, since the refund has already been paid, and the claim for interest is already pending, no further orders are required to be passed in the present writ petition. Writ Petition has become infructuous and is accordingly dismissed. The application seeking interest shall be decided expeditiously. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-14690-CWP-2023 in/and CWP-8827-2023 (O&M) Date of Decision: 06.05.2024 . . . . Petitioner . . . . Respondents HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA SUDEEPTI SHARMA J.(Oral) It is an admitted position that the petitioner has received the refund of a on 22.08.2023. Application for claiming interest of the Income Tax Act, 1961 is pending before the thereof, no orders are required to be passed by The writ petition was filed to decide the rectification application dated 6) within six months and for directing the id facts, since the refund has already been paid, and the claim for interest is already pending, no further orders are required to be passed in the present writ petition. Writ Petition has become infructuous and is accordingly dismissed. eking interest shall be decided expeditiously. -1- in/and (O&M) .2024 Petitioner s It is an admitted position that the petitioner has received the refund of a claiming interest is pending before the thereof, no orders are required to be passed by The writ petition was filed to decide the rectification application dated 6) within six months and for directing the id facts, since the refund has already been paid, and the claim for interest is already pending, no further orders are MOHIT GOYAL 2024.05.07 11:25 I attest to the accuracy and integrity of this document CWP-8827-2023 (O&M) 6. All pending applications also stand disposed of accordingly. May 06, 2024 Mohit goyal 1. Whether speaking/reasoned? 2. Whether 2023 (O&M) All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA ( , 2024 1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No All pending applications also stand disposed of accordingly. SANJEEV PRAKASH SHARMA) JUDGE (SUDEEPTI SHARMA) JUDGE Yes/No Yes/No -2- MOHIT GOYAL 2024.05.07 11:25 I attest to the accuracy and integrity of this document "