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Delhi High Court - Orders

Director Of Income Tax vs Raytheon Company on 20 September, 2022

Author: Manmohan

Bench: Manmohan, Manmeet Pritam Singh Arora

                              $~21
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      ITA 664/2012
                                     DIRECTOR OF INCOME TAX                           ..... Appellant
                                                       Through:     Mr. Zoheb Hossain, Sr. Standing
                                                                    Counsel with Mr. Vipul Agrawal and
                                                                    Mr. Parth Semwal, Jr. Standing
                                                                    Counsel.
                                                 versus
                                     RAYTHEON COMPANY                                 ..... Respondent
                                                       Through:     Mr. Nageswar Rao & Ms. Deepika
                                                                    Agrawal, Advocates.

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

% 20.09.2022 Learned counsel for the appellant states that he has received the following instructions from the Assistant Commissioner of Income Tax, Circle - 3(1)(1), International Taxation, New Delhi, by way of an e-mail dated 15th September, 2022:-

"The answer to the queries raised by you is as follows:
1. Yes, as all the grounds of appeal raised by the department has been covered by MAP proceedings and the rectification order has also been passed. The appeal filed by the department can be withdrawn.
2. There are various rectification applications pending with the office of the undersigned for subsequent years. The actual payment of refund for the said year or its adjustment with the demands pending in subsequent years, arisen after giving effect to MAP Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:21.09.2022 18:29:19 proceedings, will depend on the notice under section 245 of the Act to be given by CPC in this case. Wherein assessee will be given an opportunity to present its case, if the refund is to be adjusted against demand of any subsequent years. The amount of refund of Rs. 17,98,327 is calculated after duly computing interest under section 244A.

Regards

--

(Samandeep Kaur) Assistant Commissioner of Income Tax Circle - 3(1)(1), International Taxation New Delhi"

Learned counsel for the respondent has no objection to the aforesaid instructions.
Consequently, the present appeal is disposed of as infructuous.
MANMOHAN, J MANMEET PRITAM SINGH ARORA, J SEPTEMBER 20, 2022/msh Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:21.09.2022 18:29:19