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Present application has been filed seeking a direction to the respondent to pass appeal effect orders and determine the consequential refunds for asst. yrs. 1997-98 to 2007-08 expeditiously.

Shanti Prime Publication Pvt. Ltd.

Sec. 153 & 237 of Income Tax Act, 1961— Refund— Assessee is entitled to refund only after following the due process involving verification of payments, ensuring collection of all amounts due and ruling out the possibility of giving credit of taxes paid more than once

Facts: Present application has been filed seeking a direction to revenue to pass appeal effect orders and determine the consequential refunds for asst. yrs. 1997-98 to 2007-08 expeditiously.

Held, that as the matter at hand relates to assessment years more than 20 years old and the fact that during such period the processing/computation of tax was done offline and not online, moreover, the fact that complete data relating to taxes paid by the assessee was not traceable, the claim of the assessee could not be completely verified. Prima facie, assessee is entitled to refund however the same can be issued only after following the due process involving verification of payments, ensuring collection of all amounts due and ruling out the possibility of giving credit of taxes paid more than once. That without prejudice to the above, the assessee is entitled for interest on amounts refundable to it. However, this office does not propose to pay any interest for the period of delay which is attributable to the assessee itself. Keeeping in view all the points, Revenue is directed to pass appeal effect orders and determine the consequential refunds for the aforesaid assessment years along-with applicable statutory interest within three months from today in accordance with law. - NOKIA CORPORATION V/s DEPUTY CIT - [2020] 28 ITCD Online 002 (DEL)