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Delhi High Court - Orders

Shri Chintan Bindra vs Deputy Commissioner Of Income Tax & Ors on 18 February, 2022

Author: Manmohan

Bench: Manmohan, Navin Chawla

                          $~3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     W.P.(C) 2164/2022
                                SHRI CHINTAN BINDRA
                                                                                      ..... Petitioner
                                                   Through:      Mr.Puneet   Agarwal,      Mr.Yuvraj
                                                                 Singh,   Ms.Hemlata    Rawat       &
                                                                 Mr.Ayushman Vatsyayana, Advs.

                                                   versus

                                DEPUTY COMMISSIONER OF INCOME TAX & ORS.
                                                                       ..... Respondent
                                            Through: Mr.Ruchir Bhatia, Sr. Standing
                                                     Counsel.

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

% 18.02.2022 CM APPL. 6193/2022 (Exemption) Allowed, subject to all just exceptions.

Accordingly, the application stands disposed of. W.P.(C) 2164/2022 & CM APPL. 6192/2022 By way of the present petition, Petitioner seeks a declaration that the demand of tax and interest reflected on the income tax portal for the AYs 2009-10, 2011-12, 2012-13 on account of TDS admittedly deducted by the Company (Employer), does not lie against the Petitioner, and to direct the Respondents to delete the impugned demand from the Portal and their records. Petitioner also seeks refund of Rs. 3,88,209/-, due for various Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.02.2022 20:51:19 Assessment Years which has been illegally adjusted against the illegal and erroneous demand as well as grant statutory and compensatory interests on the said adjusted refund amount. Petitioner also challenges the intimation dated 03rd March, 2021, 02nd July, 2016 & 12th August, 2016 for the AY 2016-17, and impugned intimation dated 19th October, 2017 for the AY 2017-18, issued under Section 245 of the Act.

Issue notice. Mr.Ruchir Bhatia, Advocate accepts notice on behalf of the respondent. He prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing. Mr.Bhatia assures and undertakes to this Court that no further recovery/adjustment shall be made on account of the impugned demand.

List on 25th May, 2022.

MANMOHAN, J NAVIN CHAWLA, J FEBRUARY 18, 2022/rv Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:21.02.2022 20:51:19