Aricent Technologies (Holdings) Ltd v. Assistant Commissioner Of Income Tax & Anr

$~35 IN THE HIGH COURT OF DELHI AT NEW DELHI +W.P.(C) 13994/2022 ARICENT TECHNOLOGIES (HOLDINGS) LTD ..... Petitioner Through:Mr.Saksham Singhal, Advocate. versus ASSISTANT COMMISSIONER OF INCOME TAX & ANR. ..... RespondentsThrough:Mr.Sanjay Kumar, Sr.StandingCounsel for the Revenue withMs.Easha Kadian, Advocate. Date of Decision: 28[th]September, 2022 % CORAM:HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA J U D G M E N T MANMOHAN, J (Oral): C.M.No.42831/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 13994/2022 1.By way of the present writ petition, petitioner seeks directions to theRespondents to pass the appeal effect order of the order passed by theIncome Tax Appellate Tribunal (the ‘Tribunal’) for the Assessment Year2013-14 and grant consequential refund of tax paid/deposited by the Petitioner along with applicable interest as per law. 2.Learned counsel for the Petitioner states that the Tribunal vide orderdated 29[th]November, 2019 for Assessment Year 2013-14 deleted theadditions/disallowances made by Respondent No.1 with respect to (i)transfer pricing addition on corporate charges of Rs.13,54,90,701/- and (ii)depreciation on goodwill of Rs.158,73,13,884/-, which includes additionaldepreciation of Rs.36,00,82,239/- which was not claimed in the tax return.He states thatthe Petitionerbecame entitled to totalincometaxrefund(including interest) of Rs.23,18,71,243/-. 3.Learned counsel for the Petitioner states that as per the informationavailable with the Petitioner, the order passed by the Tribunal has not beenfurther assailed in appeal under Section 260A of the Income Tax Act, 1961(‘the Act’) before this Court by the Revenue. He states that despite this, norefund has been issued to the Petitioner in contravention of Section 240 andSection 244A of the Act. 4.Issue notice. Mr.Sanjay Kumar, learned senior standing counselaccepts notice on behalf of the Respondents-Revenue. He states that he hasno instructions in the present case. 5.This Court is of the view that as the order of the Tribunal has not beenassailed in appeal under Section 260A of the Act, it has attained finality andthe inaction of the Respondents in granting the refund is in contravention ofSections 240 and 244A of the Act. 6.Consequently, the present writ petition is disposed of with a directionto the Assessing Officer to pass the appeal effect order of the order passedby the Tribunal for the Assessment Years 2013-14 within twelve weeks ofreceipt of this order as well as grant, if any, the consequential refund of tax paid/deposited by the Petitioner along with applicable interest in accordancewith law. MANMOHAN, J SEPTEMBER 28, 2022KA MANMEET PRITAM SINGH ARORA, J