M/S. Lg Electronics India Private Limited v. Deputy Commissioner Of Income Tax, Circle 13 (1) And Others

$~A-6 IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 3036/2022 M/S. LG ELECTRONICS INDIA PRIVATE LIMITED ..... PetitionerThrough:Mr.Deepak Chopra, Advocate.versus DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 13 (1)AND OTHERS..... Respondents Through:Ms.Vibhooti Malhotra, Advocate. % Date of Decision: 25[th]February, 2022 CORAM:HON'BLE MR. JUSTICE MANMOHANHON'BLE MR. JUSTICE NAVIN CHAWLA J U D G M E N T MANMOHAN, J (Oral): 1.Present writ petition has been filed challenging the intimation dated31[st]March, 2021, issued under Section 143(1) of the Income Tax Act, 1961(‘Act’). In the alternative, Petitioner seeks a direction to the Respondents todispose-of the application dated 14[th]April, 2021, filed under Section 154 ofthe Act, seeking rectification of the impugned intimation. 2.In the present writ petition, it has been averred that though thePetitioner had opted to be taxed under Section 115BAA of the Act, whereintax rate of 22% has been prescribed, yet the Respondents by the impugnedorder has applied the tax rate of 25% as mandated under Section 115BA ofthe Act. NEUTRAL CITATION NO: 2022/DHC/000764 3.Today, Ms.Vibhooti Malhotra, learned counsel for the respondents,states that after taking the approval of Director of Income Tax, CPC,Bangalore the rectification rights in this case was reverted to CPC andrectification of intimation under Section 143(1) has been carried out.However, due to some technical reasons the accounting of order underSection 154 could not be completed on 24[th]February, 2022 and the samemay get completed by 25[th]February, 2022. The demand raised in intimationunder Section 143(1) for Assessment Year 2020-21 has been cancelled andonce the accounting of rectification order is completed at CPC, refund duewill be determined. 4.In view of the aforesaid development, the CPC is directed todetermine and process the refund in accordance with law.5.With the aforesaid directions, the present writ petition stands disposedof. MANMOHAN, J FEBRUARY 25, 2022TS NAVIN CHAWLA, J