Janardan Prasad Verma vs Principal Commisioner Income Tax ... on 10 February, 2022

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Delhi High Court - Orders

Janardan Prasad Verma vs Principal Commisioner Income Tax ... on 10 February, 2022

Bench: Manmohan, Navin Chawla

                              $~54
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 2561/2022
                                     JANARDAN PRASAD VERMA                                 ..... Petitioner
                                                        Through      Mr.Arvind Kumar, Advocate.

                                                        versus

                                     PRINCIPAL COMMISIONER INCOME TAX CENTRAL 2 AND
                                     DESIGNATED AUTHORITY DTVSV ACT 2020 ..... Respondent
                                                  Through  Mr.Kunal Sharma, Advocate.

                                     CORAM:
                                     HON'BLE MR. JUSTICE MANMOHAN
                                     HON'BLE MR. JUSTICE NAVIN CHAWLA
                                             ORDER

% 10.02.2022 The matter has been heard by way of video conferencing.

C.M.No.7331/2022

Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of.

W.P.(C) No.2561/2022

Present writ petition has been filed seeking refund as well as interest from the date of determination of refund (i.e. 23rd February, 2021) till the date of payment.

Learned counsel for the Petitioner states that the Respondent/ Designated Authority issued Form No.3 dated 23rd February, 2021 under Rule 3 read with Section 5(1) of the DTVSV Act, determining a refund of Rs.13,30,050/-. He states that by way of abundant caution, the Petitioner Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.02.2022 22:54:31 filed Form No.5 before the Designated Authority on 19th June, 2021. He states that the Petitioner received an Order dated 05th January, 2022 in Form No.5, which was digitally signed by the Respondent and in which Order it was once again acknowledged by the Respondent that as per the Certificate already issued to him, an amount of Rs.13,30,050/- is refundable to him.

Learned counsel for the Petitioner states that the Petitioner has however till date not received the refund as determined as far back as on 23rd February, 2021. He states that the Petitioner has sent emails dated 02nd November, 2021 and 25th November, 2021, but has received no response.

Issue notice. Mr.Kunal Sharma, Advocate accepts notice on behalf of the Respondent. He prays for some time to obtain instructions and file a counter affidavit. Let needful be done within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

List on 04th April, 2022 along with W.P.(C) No.1985/2022.

MANMOHAN, J NAVIN CHAWLA, J FEBRUARY 10, 2022 KA Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:13.02.2022 22:54:31

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Delhi High Court - Orders