India Private Limited v. Assistant Commissioner

$~ IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3722/2020 KNOWLARITY COMMUNICATIONS INDIA PRIVATE LIMITED ..... Petitioner Through: Mr. Rohit Madan with Mr. Amol Sinha, Mr. Nitin Gulati, Mr. Ashvini Kumar and Mr. Kshitiz Garg, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX & ANR. ..... Respondents Through: Mr. Ajit Sharma, Advocate CORAM:HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 03.07.2020 The petition has been heard by way of video conferencing. Present writ petition has been filed seeking direction to the respondent to grant refund for Assessment Year 2019-20 of Rs.1,61,47,590/- along with interest under Section 244A of the Income Tax Act, 1961. In the present petition, it was averred that the action of the respondent in not granting refund was arbitrary, unreasonable and unjustified. It was further averred that even though the petitioner’s case had been selected for scrutiny assessment under Section 143(2) of the Income Tax Act, yet the department was obliged in law to release the refund amount claimed by the assessee pending completion of scrutiny assessment. On the last date of hearing, learned counsel for petitioner had stated that the petitioner was agreeable for adjustment of Rs.48,267/- as proposed by the revenue. Today, learned counsel for respondents-revenue states that the refund of Rs.3,79,837/- for the assessment year 2019-2020 has been released on 22[nd] June, 2020 and refund of Rs.1,64,75,023/- by deleting the demand for assessment year 2012-2013 has been released from Centralised Processing Centre on 01[st]July, 2020 and is likely to be credited in petitioner’s bank account within five to seven days. The statement/undertaking given by the learned counsel for respondents-revenue is accepted by this Court and respondents are held bound by the same. Accordingly, present writ petition is disposed of as satisfied. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J JULY 03, 2020 rn SANJEEV NARULA, J