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2004 DIGILAW 347 (PNJ)

Balwant Singh Bhangal v. Income Tax Officer

2004-03-23

HEMANT GUPTA, N.K.SUD

body2004
Judgment 1. Counsel for the petitioner points out that a refund voucher No. DIT-021/D 351846, dt. 21st April, 2003, for Rs. 1,79,993 has been issued by the Department on account of Rs. 68,984 as principal and Rs. 1,11,009 towards interest under Section 244(1A) of the IT Act, 1961. He claims that some interest under Section 220(2) of the Act was also paid which has not been refunded. He has, however, not been able to give particulars of such payment. In case he has some evidence in this behalf, he may make representation to the Department enclosing therewith evidence of such payment and the Department shall then consider his claim for refund on merits and in case he is found entitled to any refund, issue the same within one month. 2. Before parting we record our anguish at the way the Department is functioning. It is unfortunate that an assessee, who is entitled to refund has to approach the High Court. His grievance has not been redressed even by the so-called Grievance Cell which has been created by the Departmental authorities to help the assessees. 3. While disposing of this writ petition in the above terms, we are of the view that the assessee petitioner deserves to be compensated at least qua the costs. The same are assessed at Rs. 2,500 and shall be borne personally by the official who is found to be responsible for causing the delay. The CIT, Jalandhar-II, shall conduct the necessary inquiry in this behalf and fix the responsibility. He shall complete the exercise within one month from the date of the receipt of the certified copy of this order. Office is directed to supply a copy of this order to the CIT, Jalandhar-II, for necessary compliance.