Punjab-Haryana High Court
Wal-Mart India Pvt. Ltd vs State Of Haryana And Others on 23 December, 2022
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
121 CWP-29962-2022
Decided on : 23.12.2022
Walmart India Pvt. Ltd. ......Petitioner(s)
Versus
State of Haryana & others ......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
HON'BLE MS.JUSTICE HARPREET KAUR JEEWAN
Present: Mr.Tarun Gulati, Sr.Advocate
with Mr.P.K.Pahwa, Advocate
and Mr.Gajendra Maheshwari, Advocate for the petitioner (s).
Ms.Palika Monga, DAG, Haryana.
G.S. Sandhawalia, J. (Oral)
Prayer in the present writ petition is to direct the official respondents to process the refund claimed as per re-assessment orders dated 12.10.2020 (Annexure P-11), dated 09.02.2021 (Annexure P-22) and 25.02.2022 (Annexure P-29) issued by the respondents totaling to Rs.31,12,81,613/-. The interest element on the same is also claimed. The break-up for the refund and the assessment status in respect of the relevant orders read as under:
FY Refund Date of Date of Re-assessment/ Amount Assessment order Rectification order (INR) 2011-12 10,62,70,003 31.03.2015 12.10.2020 2012-13 13,34,53,373 18.03.2016 09.02.2021 2013-14 7,15,58,237 31.03.2017 25.02.2022 Total 31,12,81,613 State Counsel, on advance notice, has taken instructions from the concerned official, Mr.Amit Dhanda, ETO, Ward No.7, Gurugram regarding the said fact and submits that reasonable time be given to process the same in accordance with law and subject to the confirmation of the amount claimed.
1 of 2 ::: Downloaded on - 24-12-2022 12:12:17 ::: 121 CWP-29962-2022 -2- Keeping in view the above and the fact that they pertain to the year 2011 onwards till 2014, as noticed above, we are of the considered opinion that a decision should be taken on the said issue within a period of 3 weeks from the receipt of certified copy of this order. It is made clear that we have not commented upon the merits of the case or the admissibility of the amounts which is to be done by the authorities.
With the above directions, the present writ petition stands disposed of.
(G.S. SANDHAWALIA)
JUDGE
23.12.2022 (HARPREET KAUR JEEWAN)
Sailesh JUDGE
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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