Wabtec Locomotive Private Limited v. Assistant Commissioner Of Income

$~73 IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6499/2025 WABTEC LOCOMOTIVE PRIVATE LIMITED .....Petitioner Through:Ms. Ananya Kapoor, Mr. UtkarshKumar Gupta, Advs. versus ASSISTANT COMMISSIONER OF INCOME- TAX, CIRCLE 25(1), DELHI & ANR. .....RespondentThrough:Mr. Sunil Agarwal, SSC with Mr.ViplavAcharya,JSC,Ms.PriyaSarkar, JSC, Mr. Utkarsh Tiwari,Advs. CORAM:HON'BLE MR. JUSTICE V. KAMESWAR RAOHON'BLE MR. JUSTICE VINOD KUMAR O R D E R % 09.09.2025 1.This petition has been filed with the following prayers: “A. Issue a writ in the nature of Mandamusdirecting the Respondents to issue a refund of Rs.3,25,13,210/- along with up-to-date interest for AY2024-25 as the action of the Respondents is unjust,arbitrary and against the provision of the Income Tax Act, 1961; and B. Issue any other Writ, order, or Direction whichthis Hon’ble Court may deem fit and proper in the facts and circumstancesof the case; and C. To allow the writ petition with cost in favor ofthe Petitioner and againstthe Respondent.” 2.Mr. Sunil Aggarwal, learned Senior Standing Counsel has left it to theCourt to decide the issue. He also states a demand of Rs.24,53,204/- for theAssessment Year 2020-21 is outstanding against the petitioner. He statesthat the said amount shall be adjusted against the amount of Rs.3,25,13,210/-for which the petition has been filed.Court to decide the issue. He also states a demand of Rs.24,53,204/- for theAssessment Year 2020-21 is outstanding against the petitioner. He statesthat the said amount shall be adjusted against the amount of Rs.3,25,13,210/-for which the petition has been filed. 3.This is agreeable to the learned counsel for the petitioner.4.If that be so, the balance amount after adjustment shall be paid to thepetitioner along with the applicable interest as per rules within six weeks asan outer limit.4.If that be so, the balance amount after adjustment shall be paid to thepetitioner along with the applicable interest as per rules within six weeks asan outer limit. 5.The petition along with pending application(s), if any, is disposed of. V. KAMESWAR RAO, J SEPTEMBER 9, 2025 tg VINOD KUMAR, J