Tata Communications Limited v. The Deputy Commissioner Of Income Tax 1(3)(1) Mumbai And Ors

SANTOSHSUBHASHKULKARNI Digitally signed bySANTOSH SUBHASHKULKARNIDate: 2022.02.1712:54:06 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 716 OF 2021 WITHWRIT PETITION NO. 1804 OF 2021WITHWRIT PETITION NO. 2073 OF 2021WITHWRIT PETITION NO. 2084 OF 2021 TATA Communications Limited ...Petitioner VersusThe Deputy Commissioner of Income Tax 1(3)(1) Mumbai and ors. ...Respondents Mr. Anil Wani, a/w Ms. Supriya Devergudi, i/b ANS LawAssociates, for the Petitioner. Mr. Suresh Kumar, for the Respondents. Mr. Abhay Marathe, Dy. CIT 1(3)(1), Mumbai, present. CORAM: K. R. SHRIRAM & N. J. JAMADAR, JJ 14[th] FEBRUARY, 2022 DATED: -Common Order: 1.Mr. Abhay Marathe, Dy. Commissioner of Income Tax 1(3)(1), Mumbai, is present in Court and Mr. Suresh Kumar states that he is the person, who has to process the refundapplications and pass necessary orders. applications and pass necessary orders. 2.One thing is clear that there is no issue on the entitlement of petitioner to get these refunds. 3.Mr. Suresh Kumar on instructions from Mr. Abhay Marathe states that Mr. Abhay Marathe has assumed charge ofthis office about six months ago and though he has allintentions to comply with the directions of the Income TaxAppellate Tribunal (“ITAT”), due to technical issues, he is unableto process the refunds and issue refund orders. Mr. AbhayMarathe states that, if the Court permits or directs, he will beable to process it manually and it will be processed and refundwill be issued within two weeks from today including interest, ifany. 4.Whether Mr. Abhay Marathe processes the refundapplication and issue refund orders manually or otherwise, toput blatantly is not our concern. Mr. Abhay Marathe has toprocess the refund application and issue refund. How he doesit, is his look out. The only thing we accept is his statement thatthe refund shall be processed and refund orders issued withintwo weeks from today, i.e., on or before 28[th] February 2022. Thisstatement of Mr. Abhay Marathe is accepted as an undertakingto this Court. 5.Though we were inclined to impose costs, at the request ofMr. Suresh Kumar, we are not imposing costs. 6.Petitions disposed. [N. J. JAMADAR, J.] [K. R. SHRIRAM, J.]