M/S Glaxo Smithkline Consumer Healthcare Limited v. Petitloner

225 IN THE HIGH COURT OF PUNJAB & HARYANAAT CHANDIGARH CWP No.25924 of 2017 (O&M)Date ot Decision: 14.05.2018 M/s Glaxo SmithKline Consumer Healthcare Limited Versus ... Petitloner The Assistant Commissioner of Income Tax and another ... Respondents CORAMI:-HON'BLE MR. JUSTICE AJAY KUMAR MITTAL, ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present:- Mr. Vishal Gupta, Advocate,for the petitioner,for the petitioner, Ms. Urvashi Dhugga, Senior Standing Counselfor the respondents. AJAY KUMAR MITTAL, ACJ.(ORAL) In this writ petition filed under Articles 226/227 of theConstitution of India, the petitioner has prayed for issuance of awrit in the nature of certiorari/mandamus for setting aside andquashing the order dated 17.10.2017 (Annexure P-l1) and ordedated 2/.10.201/ (Annexure P-2) passed by respondent No.1 forAssessment Year ZOIl1-l12 and for refund of the amount oL94,00,00,000/- illegally recovered from the bank account of thepetitioner by respondent No.l pursuant to the notice datedal.10.2017 (Annexure P-3) issued under Section 226(3) of theIncome Tax Act, 1961. 2 Learned counsel for the Revenue has produced aphotocopy of the demand draft No.885649 amounting to CWP No.25924 of 2017 (O&M) 2 L94,13,68,290/- (4Fiity Four Crore Thirteen Lakh Sixty EightThousand Two Hundred Ninety only) drawn in favour of thepetitioner along with covering letter by theAssistantCommissioner of Income Tax, Circle 4(1), Chandigarh, 3.Learned counsel for the petitioner states that he has noinstructions whether the demand draft has been received. 4In view of the above, we dispose of the present writpetition as having been rendered infructuous as the respondenthas produced the photocopy of the demand drait in favour of thepetitioner. However, liberty is granted to the petitioner to file anapplication for revival of the petition in case the demand drait hasnot been received. (AJAY KUMAR NMIITTAACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA)14.05.2018JUDGEvandana Whether speaking/reasonedWhether Reportable Yes/NoYes/No