Authority: Calcutta High Court
Order Date: 12 June 2026
Case Overview
- Petitioner: Nomura Research Institute Financial Technologies India Pvt. Ltd.
- Respondents: Union of India and others.
- Writ petition under constitutional writ jurisdiction challenging an income tax order dated 9 Dec 2025 issued by Assistant Commissioner of Income Tax (Circle) for Assessment Year 2017‑18.
- The order was issued more than three years after the Commissioner of Income Tax (Appeals) order dated 16 Aug 2022, violating the mandatory three‑month period prescribed under section 153(5) of the Income Tax Act.
- No application for extension of time was filed; respondents could not produce instruction from the Assessing Officer.
- Petitioner claimed illegal retention of tax and sought refund of Rs 96,69,710 with statutory interest under section 244A.
Final Outcome
- The Court held the 9 Dec 2025 order a nullity and quashed it along with all consequential proceedings.
- Directed the respondents to refund Rs 96,69,710 to the petitioner with interest from 1 Dec 2022 until actual payment, as per section 244A.
- The refund and interest must be completed within two months of the order.
Topics: Tax Refund, Judicial Review, Income Tax Limitation