High Court of Orissa · Judgments and reasoned final orders
SGBL (India) Ltd., Bhubaneswar v. Assistant Commissioner of Income Tax, Central Circle, Cuttack and Another
WP(C) Nos. 26532 and 26534 of 2025 ·
Department directed to disburse balance income-tax refunds along with statutory interest under section 240 read with section 244A up to the actual date of payment within 4 weeks following appeal-effect/rectification orders.
1. FACTS OF THE CASE
SGBL (India) Ltd. filed two connected writ petitions (WP(C) Nos. 26532 and 26534 of 2025) seeking a direction to the Assistant Commissioner of Income Tax, Central Circle, Cuttack and the Principal Commissioner of Income Tax (Central), Visakhapatnam to release refunds together with statutory interest under section 240 read with section 244A after giving appeal effect under section 251 to the orders dated 14.06.2018 passed by the CIT(A)-2, Bhubaneswar deleting additions made under section 153A for AYs 2009-10 to 2012-13.
2. DISCUSSION BY THE COURT
During the pendency of the writ petitions, the Assessing Officer passed rectification/appeal-effect orders under section 154/251 determining the refundable principal amounts, and the petitioner acknowledged receipt of partial refund payments while pointing out that the balance refund and full statutory interest under section 240 read with section 244A up to the actual date of disbursement remained unpaid. Senior Standing Counsel for the Department assured the Court that the balance refundable sum together with statutory interest would be calculated and disbursed expeditiously.
3. JUDICIAL DECISION
The High Court disposed of both writ petitions by directing the respondent-authorities to compute and disburse the balance refund amount along with statutory interest payable under section 240 read with section 244A up to the actual date of payment within four weeks from the date of the order.
4. OUTCOME
In favour of the assessee (SGBL (India) Ltd.); balance refund and section 240/244A interest up to actual payment date ordered to be released within 4 weeks.
5. AKHB REVIEW POINT
AKHB analysis: Where CIT(A) orders deleting section 153A search additions have attained finality, the Department cannot withhold consequential refunds or truncate section 244A interest short of the actual date of disbursement.
Source and verification
Reviewed from the complete 3-page official High Court judgment PDF (20260212_ODHC010668912025.pdf, SHA-256: 6aed70db55d54f731a09f86f57c8bf29551d0469a1cd34d29ffcfe380b3fb086).
Original PDF: 3 pages · SHA-256: 6aed70db55d54f731a09f86f57c8bf29551d0469a1cd34d29ffcfe380b3fb086
Supplied source-reviewed note retained; original bytes and identity validation checked in this release. Substantive re-review is not claimed for this record.
Refers to the Income-tax Act, 1961 and allied statutory rules/circulars as applicable to the relevant assessment years.
No subsequent Supreme Court reversal or stay is recorded in the source judgment text.
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