Mother Dairy Fruit And Vegetable Private Limited v. The Deputy Commissioner Of Income Tax, Circle 16(1) New Delhi & Ors

NEUTRAL CITATION NO: 2022/DHC/001114 $~6 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4501/2022 MOTHER DAIRY FRUIT AND VEGETABLE PRIVATE LIMITED ..... Petitioner Through Mr. Vishal Kalra with Mr. SK Tomar and Mr. Ankit Sahni, Advocates. versus THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 16(1) NEW DELHI & ORS. ..... Respondents Through Mr. Ajit Sharma, Advocate and Mr. Amrit Pradhan, Advocate. 7 + W.P.(C) 4651/2022 MOTHER DAIRY FRUIT AND VEGETABLE PRIVATE LIMITED ..... Petitioner Through Mr. Vishal Kalra with Mr. SK Tomar and Mr. Ankit Sahni, Advocates. versus THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 16(1) NEW DELHI & ORS. ..... Respondents Through Mr. Ajit Sharma, Advocate and Mr. Amrit Pradhan, Advocate. % Date of Decision: 28[th] March, 2022 W.P.(C) 4501/2022 & 4651/2022 Page 1 of 3 CORAM:HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE DINESH KUMAR SHARMA J U D G M E N T : MANMOHAN, J (Oral) 1.Present writ petitions have been filed challenging the impugned intimations under Section 143(1) of the Income Tax Act, 1961 [for short thth‘Act’] dated 15 March, 2019 & 15 November, 2019 for the Assessment Years 2017-18 & 2018-19 respectively [to the extent of releasing refund after the completion of assessment under Section 143(3) and invocation of action under Section 241A of the Act]. 2.Learned counsel for the Petitioners prays for release of refunds of Rs.7,09,36,128/- comprising principal amount of Rs.5,45,66,252/- and interest of Rs.1,63,69,876/- calculated up to February, 2022 along with applicable interest under Section 244A of the Act due to the Petitioner for the Assessment Year 2017-18 and refunds of Rs.8,20,57,079/- comprising principal amount of Rs.6,61,75,063/- and interest of Rs.1,58,82,015/- calculated up to February, 2022 along with applicable interest under Section 244A of the Act due to the Petitioner for the Assessment Year 2018-19. 3.On the last date of hearing, this Court had directed the respondents-revenue to place on record the alleged orders passed under Section 241A of the Act. 4.Today, learned counsel for respondents-revenue states that no order has been passed under Section 241A of the Act till date. 5.Keeping in view the aforesaid clarification, this Court directs the W.P.(C) 4501/2022 & 4651/2022 Page 2 of 3 NEUTRAL CITATION NO: 2022/DHC/001114 respondents-revenue to release the refund amounts due to the petitioner within four weeks in accordance with law. With the aforesaid direction, the present writ petitions along with pending applications stand disposed of. MANMOHAN, J MARCH 28, 2022 AS DINESH KUMAR SHARMA, J W.P.(C) 4501/2022 & 4651/2022 Page 3 of 3