FININ2MIN · JUDGMENT INTELLIGENCE
Income Tax · F2J-C-2957

Oil and Natural Gas Corporation Limited v. Income Tax Officer, TDS Circle, Vadodara & Anr.

For these completed VSV settlements, administrative delay beyond the applicable departmental deadline attracted compensatory interest through actual refund credit.

By CA Nikhil Gupta · Reviewed against the retained judgment 2026-09-26

Finin2min two-minute summary

For these completed VSV settlements, administrative delay beyond the applicable departmental deadline attracted compensatory interest through actual refund credit. 6% interest for specified delayed-refund period; compliance deadline and default consequence

Court
Gujarat High Court
Case
R/Special Civil Application No. 6494/2026
Date
2026-08-19
Bench
A. S. Supehia, Vaibhavi D. Nanavati
Result
6% interest for specified delayed-refund period; compliance deadline and default consequence
Neutral citation
Not stated in retained copy
CNR
Not stated in retained copy
Connected matters
R/SCA 6497/2026, R/SCA 6538/2026, R/SCA 6542/2026
Relevant period
See facts and judgment
Read complete judgment PDFPublic court copyOfficial court portal

What happened

Four petitions concerned refunds totalling ₹3,49,47,687 after nil settlement under Vivad se Vishwas. Form 5 was issued on 24 May 2021, but refunds reached ONGC only on 2 March 2024. After litigation, the department paid limited interest from 1 July 2022 to 7 February 2024. ONGC sought coverage from 1 August 2021 until actual payment.

Questions before the court

What each side argued

ONGC relied on the Central Action Plan 2021–22 requiring effect and refund by 31 July 2021 for qualifying Form 5 cases. Revenue invoked the section 153 timetable and resisted the longer interest period.

Why the court ruled this way

The court treated the department’s action plan and circular as material commitments governing implementation of the completed settlement. Section 153 did not justify the asserted delay in these circumstances. Relying on the compensatory character of interest recognised in Tata Chemicals, it linked relief to wrongful retention until the amount actually reached the taxpayer.

Controlling point

For these completed VSV settlements, administrative delay beyond the applicable departmental deadline attracted compensatory interest through actual refund credit.

Order and next steps

The petitions were partly allowed with interest at 6% per annum from 1 August 2021 to 2 March 2024. Compliance was directed within six weeks of receipt of the writ. Default would attract the further 9% interest consequence specified in the operative order, recoverable from erring officers.

Practical implications

Reconcile Form 5, the giving-effect order, refund sanction and bank-credit date. They are distinct events. Identify the applicable implementation direction and credit interest already paid before calculating a balance; do not rely on the judgment’s inconsistent narrative day counts.

Limits of this ruling

Law and judgment source

The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established. Narrative dates/day counts vary; operative dates 1 August 2021–2 March 2024 control this summary.

Source checked: 2026-09-26 · Judgment paragraphs: Paragraphs 24–37 · Later case history: not verified. Verify subsequent orders before reliance.

This page is informational. Verify the current official court record, subsequent history and applicable law, and obtain professional advice for a specific matter.