Unitech Wireless (Tamil Nadu)Private Limited v. Commissioner Of Income

$~4 *IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 8621/2016 & CM APPL. 35485/2017 UNITECH WIRELESS (TAMIL NADU)PRIVATE LIMITED ..... Petitioner Through :Mr. Deepak Chopra and Ms.Manasvini Bajpail, Advocates. versus COMMISSIONER OF INCOME TAX (TDS)-2 & ORS. ..... Respondents Through :Mr. Rahul Chaudhary, SeniorStanding Counsel. CORAM:HON'BLE MR. JUSTICE SANJIV KHANNAHON'BLE MS. JUSTICE PRATHIBA M. SINGHO R D E R%31.10.2017 CM APPL. 35485/2017 Issue notice returnable on 13[th]December, 2017. 2.Learned counsel for the applicant states that after this application wasfiled, refund for the Assessment Years (AYs) 2010-11 and 2011-12, hasbeen processed, but has not paid.It is also stated that the interest is notbeing paid. He submits that the refund amount of Rs.17 Crores for AYs2009-10, 2012-13, 2013-14, 2014-15 & 2015-16 is still pending and has notbeen processed. 3.Learned counsel for the respondents, on instructions, states that theinterest would be paid for AYs 2010-11 & 2011-12. With regard to refundfor the other AYs, it is stated by the counsel for the respondents that thematter is being examined as there are certain discrepancies and mismatch. 4.Learned counsel for the applicant states that the said assertion isincorrect as the Chartered Accountants/authorized representatives of theapplicant were present in the office of the Assessing Officer and haveclarified the entire situation and have matched the deposit of TDS and taxpaid with 26-AS Form. 5.Reply to this application, if any, would be filed by the respondentswithin two weeks.Rejoinder, if any required, may be filed within twoweeks after service of the reply. Relist on 13[[th]]December, 2017. Refund amount of AYs 2010-11 & 6.Relist on 13[[th]]December, 2017. Refund amount of AYs 2010-11 &2011-12 will be released, if already not released, within seven days. Dasti. SANJIV KHANNA, J OCTOBER 31, 2017/dk PRATHIBA M. SINGH, J