K.J.PAULOSE vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court took note of the payment made on August 2, 2019, and recorded it as part satisfaction of the petitioner's claim. The Court granted the petitioner liberty to represent to the Income Tax Officer (1st respondent) for the payment of interest for the period from July 1, 2018, to September 1, 2019, by enclosing a copy of the judgment within three weeks. The Court directed that the representation, if filed, should be considered and disposed of expeditiously. The Court did not decide on the merits of the petitioner's claim for the exact period of interest but facilitated a mechanism for its consideration. No costs were ordered.
What were the facts?
The petitioner, K.J. Paulose, filed a writ petition before the High Court of Kerala challenging an action by the Income Tax Officer (Ward-1, Thodupuzha) and other revenue authorities. The petitioner contended that while a tax refund of Rs. 1,89,584/- was paid on August 2, 2019, covering interest up to June 30, 2018, he was entitled to interest until the actual date of payment, August 2, 2019. The petitioner sought to withdraw the writ prayer due to subsequent developments and requested permission to make a representation to the Income Tax Officer for the remaining interest.
What were the issues?
1. Whether the petitioner is entitled to interest on the tax refund for the period from July 1, 2018, to August 2, 2019, and if so, whether the Court should direct the respondent to consider a representation for this interest. (Mixed question of law and fact, relating to Section 244A of the Income Tax Act, 1961). Assessee's Contention: The petitioner argued that the refund paid covered interest only up to June 30, 2018, and he was entitled to interest until the actual payment date of August 2, 2019. He requested permission to make a representation to the Income Tax Officer for the balance interest. Revenue's Contention: The Standing Counsel for the revenue submitted that the cause of action did not survive as a payment had been made. They stated that the calculation and payment of interest were matters for the first respondent (Income Tax Officer) to consider. They agreed to grant reasonable time for reconsidering the petitioner's request for interest.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Sri. Tomson T. Emmanuel, the learned counsel for the petitioner, submits that on 02.08.2019 the respondents ordered and paid tax refund amounting to Rs.1,89,584/- (Rupees One lakh eighty nine thousand five hundred and eighty four only). The payment covers the interest payable up to 30th June 2018. The petitioner is entitled to get interest till 02.08.2019. Sri. Tomson T. Emmanuel,
therefore requests the Court firstly, not press the writ prayer keeping in view the subsequent developments and secondly, requests the Court to permit the petitioner to represent the 1st respondent for payment of interest from 01.07.2018 till 01.08.2019. Petitioner, if makes a representation, the same may be considered and disposed of within reasonable time.
The learned Standing Counsel submits that the cause of action, keeping in view the amount already paid by respondents does not survive. The calculation of interest and payment etc. are the matters for consideration by the 1st respondent.
-3- WP(C).No.16388 OF 2019(W) In case of objection on the period which interest is paid, reasonable time is granted for reconsidering the request of petitioner for payment of interest from 01.07.2018 to 1.09.2019. The respective submissions are placed on record. The writ petition is disposed of by this order: a) The payment made on 02.08.2019 is taken note of and part satisfaction is recorded. b) Petitioner is given liberty to represent to 1st respondent for payment of interest for 01.07.2018 till 01.09.2019 by enclosing a copy of this judgment within three weeks from today. c) The representation filed by the petitioner is considered and disposed of expeditiously. No order as to costs. S.V.BHATTI JUDGE JS
-4- WP(C).No.16388 OF 2019(W)
Appendix — schedule of exhibits
More judgments on Section 244A
- Shailesh Khodabhai Ramani, Rajkot vs ITO, Ward-2(1)(3), RajkotITA 366/RJT/2024[2012-13]Status: Disposed15 Oct 2026AY 2012-13
- Shailesh Khodabhai Ramani, Rajkot vs ITO, Ward-2(1)(5), RajkotITA 257/RJT/2024[2011-12]Status: Disposed15 Oct 2026AY 2011-12
- Credit Agricole Corporate and Investment… vs The Assistant Commissioner of Income-Tax…ITA 3453/MUM/2026[2022-23]Status: Disposed8 Oct 2026AY 2022-23
- Credit Agricole Corporate and Investment… vs The Assistant Commissioner of Income Tax…ITA 6805/MUM/2024[2021-22]Status: Disposed8 Oct 2026AY 2021-22
- Pratibha Sanjai Srivastava, Ahmedabad vs Income Tax Officer, Ward 7(2)(1), AhmedabadITA 2565/AHD/2026[2021-2022]Status: Disposed29 Sept 2026AY 2021-2022
Recent GST High Court judgments
Search GST case law →- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026