Delhi High Court - Orders
Mol Corporation vs Assistant Commissioner Of Income Tax & ... on 7 September, 2022
Author: Manmohan
Bench: Manmohan, Manmeet Pritam Singh Arora
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12482/2022
MOL CORPORATION ..... Petitioner
Through: Mr.Nageswar Rao with Mr.Akshay
Uppal, Advocates.
versus
ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
..... Respondents
Through: Mr.Sanjay Kumar, Sr.Standing
Counsel for the Revenue with
Ms.Easha Kadian, Advocate.
Mr.Sushil Kumar Pandey, Advocate
for UOI.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 07.09.2022 C.M.No.39352/2022 Present application has been filed by petitioner-applicant seeking modification of the order dated 30th August, 2022 passed by this Court.
Keeping in view the averments in the application, the order dated 30th August, 2022 is modified as under:-
"$~S-24 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12482/2022 MOL CORPORATION ..... Petitioner Through: Mr. Nageswar Rao and Mr. Akshay Uppal, Advocates versus Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:09.09.2022 19:02:41 ASSISTANT COMMISSIONER OF INCOME TAX & ORS. ..... Respondents Through: Mr.Sanjay Kumar, Advocate with Ms.Easha Kadian, Advocate. CORAM:
HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA ORDER % 30.08.2022 CM APPL.37685/2022 (exemption) Allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 12482/2022 Present Writ Petition has been filed seeking direction to the Respondents to pass an appeal effect order giving effect to the Order dated 16th November, 2020 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No.946/Del/2012 (subsequently affirmed by this Court in ITA 32/2022). Petitioner also seeks release of refund amount along with interest in the Petitioner's Bank account.
Learned counsel for the Petitioner states that Section 153(5) of the Income Tax Act, 1961 ('the Act') clearly provides that an order giving effect to an order passed by ITAT under Section 254 of the Act is to be passed by the Assessing Officer within a period of three months from the end of the month in which such order is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be. He further states that Section 240 of the Act mandates refund of amount resulting from an order passed in appeal without any claim from taxpayer. He, however, states that despite multiple follow- ups through various submissions, emails and meetings, Respondents has continued to retain the refund of Rs.1,52,93,22,209/- (to be increased by interest under Section 244A of the Act up to the date of actual credit of refund) legally due to the Petitioner in relation to assessment year 2005-06, without assigning any cogent reason whatsoever, resulting in Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:09.09.2022 19:02:41 grave injustice to the Petitioner.
In support of his contention, he relies on the Taxpayer's Charter announced on 13th August, 2020 and judgments of this Court in Nokia Corporation vs. DCIT & Ors: W.P.(C) 14070/2020; Nokia India Pvt. Ltd. vs. ACIT & Ors.: W.P.(C) 15030/2021; Qualcomm Technologies, Inc vs. DCIT & Ors.: W.P.(C) 2146 & 21583/2022.
Issue notice.
Mr.Sanjay Kumar, learned counsel for the respondents- revenue accepts notice.
Keeping in view the limited prayer sought in the present writ petition, the same is disposed of with a direction to the respondents to pass an appeal effect order as well as release the refund amount along with interest in the petitioner's bank account within eight weeks.
List the matter for compliance on 13th December, 2022."
Accordingly, the present application stands disposed of.
MANMOHAN, J MANMEET PRITAM SINGH ARORA, J SEPTEMBER 7, 2022 KA Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:09.09.2022 19:02:41