Bombay High Court
Bayer Crop Science Limited ( Bcsk) ... vs Deputy Commissioner Of Income Tax And ... on 30 January, 2024
Author: Neela Gokhale
Bench: K.R. Shriram, Neela Gokhale
1/2 914-WPL-1069-2024.doc
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
PURTI
PURTI PRASAD
PRASAD PARAB
CIVIL APPELLATE JURISDICTION
PARAB Date:
2024.02.01
17:32:07
+0530
WRIT PETITION NO. 1069 OF 2024
Bayer Crop Science Limited (BCSL)
Successor to Monsanto India Limited ....Petitioner
V/s.
Deputy Commissioner of Income
Tax and Ors. ...Respondents
----
Mr. Nishant Thakkar a/w Ms. Jasmin Amalsadvala i/b Lumiere Law Partners
for Petitioner.
Ms. Samiksha Kanani for Respondents.
Mr. Arun D. Jadhav, Deputy Commissioner of Income Tax, Circle - 1, Thane
present.
----
CORAM : K.R. SHRIRAM &
DR. NEELA GOKHALE, JJ.
DATED : 30th JANUARY 2024 P.C. :
1. Ms. Kanani states affidavit of one Mr. Arun D. Jadhav, Deputy Commissioner of Income Tax, Circle - 1, Thane affirmed on 29 th January 2024 has been filed. In the affidavit at Paragraph No.4.1 there is admission that a sum of Rs.65,47,99,041/- is refundable to petitioner. Breakup as to how the figures have been arrived is also provided in the affidavit.
Ms.Kanani on instructions stated that some adjustments have been made but those adjustments shall be reversed. Mr. Jadhav through Ms. Kanani informed the court that the entire amount of Rs.65,47,99,041/- together with applicable interest under Section 244A of the Income Tax Act, 1961 (the Act) upto the date of payment shall be paid to petitioner within 15 days Purti Parab ::: Uploaded on - 01/02/2024 ::: Downloaded on - 01/02/2024 22:20:07 ::: 2/2 914-WPL-1069-2024.doc from today. The statement is accepted as an undertaking to this court. We have to only note that the petition was served on 22 nd December 2023 and it has taken almost six weeks for respondents to come and tell the court that this amount would be paid within another 15 days. It is rather shocking because the state is paying interest on this refund amount and that interest is being paid from public money. We have made these observations time and again in many matters and it appears that the concerned authority, i.e., Government of India are not really serious about saving public money.
2. Stand over to 15th February 2024 for directions.
3. It is made clear that if there is any hitch in making payment through CPC, on 15th February 2024 when the matter is called out, respondents shall hand over a cheque in the court for the entire amount payable.
(DR. NEELA GOKHALE, J.) (K.R. SHRIRAM, J.)
Purti Parab
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