Mr. Farrokh v. The Writ Petition Has Been Moved Seeking Mandamus Torespondents To Release The Refund For Assessment Years 2004-05,2005-06, 2006-07 And 2007-08 Along With Inter

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1415 OF 2021 Stone Shippers Limited ...PetitionerversusDeputy Commissioner of IncomeTax 3(1) & Ors....Respondents ….. Mr. Farrokh V. Irani, Senior Advocate i/b. Harsh M. Kapadia,Advocate for the Petitioner. Mr. Sham Walve, Advocate for the Respondents. ….. CORAM :-SUNIL P DESHMUKH &ABHAY AHUJA, JJ.(Through Video Conferencing) PC : DATE :-JULY 30, 2021 1The writ petition has been moved seeking mandamus torespondents to release the refund for Assessment Years 2004-05,2005-06, 2006-07 and 2007-08 along with interest under Section244A of the Income Tax Act. 2During hearing, it transpires that there is no particulardispute on entitlement of petitioner to have due refund amounts 38.WPNo.14152021.docx and that the refund for A.Ys. 2005-06 and 2007-08 have alreadybeen released to the petitioner. However, as yet refund for A.Ys.2004-05 and 2006-07 have not been released. In the reply to thewrit petition, it has been referred to that amount of refund to thetune of Rs.2,73,97,358/- has already been sent to the banker ofthe assessee out of total refund of Rs.4.33 Crore on 26[th] July 2021and for balance of refund, the matter is being resolved incoordination with CPC, Bangalore. 3Learned counsel Mr. Walve appearing for the respondentsrefers to paragraph No.7 of the affidavit-in-reply reading : “7.It is to submit that these refunds were sent to therefund banker of the Petitioner earlier aslo when theorders giving efeet to the orders of Hon’ble ITAT forA.Yrs 2004-05 to A.Y. 2007-08 were passed. However,the same were not eneashed due to mismateh of Bankaeeount of the Petitioner. The CPC, Bangalore throughemail dated 15.07.2021 stated that Petitioner has toeommunieate to its banker to aeeept the refundeommunieation reeeived from Ineome Tax Departmentsnee name of Petitioner has ehanged from M/s StoneShippers (PAN ) partnership frm toCompany M/s Stone Shippers Limited ( ).Hereto annexed and marked as Exhibit C is the eopy ofthe email dated 15.07.2021 of CPC, Bangalore.” 38.WPNo.14152021.docx And also refers to the communication from petitioner dated26[th] July 2021 which shows concern over interest under Section244A of the Income Tax Act for a period of two years. 4It, thus, emerges that there is no particular dispute so far asdue refunds to the petitioner from respondents and that forAssessment Years 2005-06 and 2007-08 refund has already beenreleased and further that the matter with regard to the balance ofrefund is being resolved. 5In the circumstances, it would be expedient that the balanceamount of refund be released and paid to the petitioner along withresolution of petitioner’s concern over payment of interest within aperiod of four weeks from today. 6In the meanwhile, the petitioner would communicate its banker to accept refund communication being sent by the IncomeTax Department, since it appears that the petitioner’s status andPAN have undergone change including its name. 7With aforesaid, the writ petition stands disposed of. (ABHAY AHUJA, J.) (SUNIL P. DESHMUKH, J)