- (1.) This case concerns fringe benefit tax. The total fringe benefit tax paid in advance under section 115WJ of the Income-tax Act, 1961, by the writ petitioner for the assessment year 2006-07 was Rs. 22,12,04,513. Upon registration of the writ petitioner under section 12AA of the Income-tax Act with effect from April 1, 2005, the petitioner ceased to be an assessee for fringe benefit tax with such retrospective effect. According to them, they are entitled to refund of this above sum together with statutory interest.
(2.) I have perused the affidavit-in-opposition filed on behalf of the Revenue.
(3.) It seems to me that in principle, the Income-tax Department has got no objection to refund the said amount along with interest to the writ petitioner. After all, the writ petitioner is also a statutory body, created by an Act of Parliament.;