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Mol Corporation vs Assistant Commissioner Of Income Tax & ... on 17 November, 2022

Author: Manmohan

Bench: Manmohan, Manmeet Pritam Singh Arora

                              $~S-55
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 15852/2022
                                    MOL CORPORATION                                          ..... Petitioner
                                                       Through:      Mr.Nageswar Rao, Advocate.


                                                       versus


                                    ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
                                                                               ..... Respondents
                                                 Through: Mr.Sanjay     Kumar,        Sr.Standing
                                                          Counsel for revenue.

                              CORAM:
                              HON'BLE MR. JUSTICE MANMOHAN
                              HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                       ORDER

% 17.11.2022 CM APPL.49307/2022 (exemption) Allowed, subject to all just exceptions.

Accordingly, the application stands disposed of. W.P.(C) 15852/2022 Present writ petition has been filed seeking directions to the Respondents to pass appeal effect order giving effect to the order dated 14th February, 2020 for the assessment year 2007-08 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No.6194/Del/2018 (subsequently affirmed by this Court in ITA No.250/2022) . 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 stipulates 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 states that despite multiple follow-ups through various submissions, emails and meetings, Respondents have continued to retain the refund of Rs.1,45,60,39,697/- (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 the assessment year 2007- 08 without assigning any cogent reason whatsoever, resulting in grave injustice to the Petitioner.

In support of his submission, 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 Senior Standing Counsel for the respondents-revenue, accepts notice.

Keeping in view the limited prayer sought in the present writ petition, the same along with applications are disposed of with a direction to the respondents to pass appeal effect orders as well as release the refund along with interest in the petitioner's bank account within twelve weeks.

List the matters for compliance on 4th May, 2023.

MANMOHAN, J MANMEET PRITAM SINGH ARORA, J NOVEMBER 17, 2022 TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:18.11.2022 20:27:03