Wp/22241/2021 Of Katerra India Private Limited v. Assistant Director Of Income-Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16 DAY OF DECEMBER, 2021. BEFORE THE HON’ BLE MR.JUSTICE S.R. KRISHNA KUMAR, .WRIT PETITION NO.22241/2021 (TIT) BEIT WE KATERRA INDIA PRIVATE LIMLIT EATTIC OFFICE SPACE, 3 FLOORNO./757, 100 FEET ROADHAL 2 STAGE, APPAREDDIPALYA|INDIRANAGARBANGALORE-560038 REPRESENTED HEREIN BY |ITS DIRECTOR-LEGAL.MR GIRISH N P. PETITIONER| (BY SMT. SURYANARAYANA.T, ADVOCATE) 1.ASSISTANT DIRECTOR OF INCOME-T AXCENTRALIZED PROCESSING CENTER.INCOME TAX DEPARTMENTBENGALURU KARNATAKA-560500. 2 |DEPUTY COMMISSIONER OF INCOME TAXCIRCLE-4(3)(1),80 FEET ROADBMTC BUILDINGKORAMANGALABANGALORE-560095| 3.PRINCIPAL COMMISSIONER OF INCOME TAX.80 FEET ROADBMTC BUILDING -7- KORAMANGALA|BANGALORE-560095 . RESPONDENTS (BY SHRI. K.V. ARAVIND, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF.THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE!RESPONDENTS TO FORTHWITH REFUND AN AMOUNT OF]RS.13,86,23,850/ DUE TO THE PETITIONER AS DETERMINED|BY THE R-1 VIDE THE INTIMATION ISSUED UNDER SECTION|143(1) OF THE ACT DTD.22.10.2021 BEARING DOCUMENT.ANNEXURE-F ALONG WITH APPLICABLE INTEREST UNTILL|THE DATE OF REFUND AND ETC. THISPETITIONCOMINGON|FOR|PRELIMINARYHEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER In this writ petition, the petitioner seeks a directionto the respondents to refund a sum of Rs.13,86,23,850/-|due to the petitioner as determined by the 1[.+]respondent.vide intimation dated 22.10.2021 at Annexure-F, issued.under Section 143(1) of the Income Tax Act, 1961 and)for otner reliefs. — 2. Heard the learned Counsel for the petitioner andlearned Counsel for the respondents and perused tne)materials on record. 3. Tne material on record indicates tnat on/22.10.2021, the 1[st]respondent has issued an intimation.quantifying the refund payable in favour of the petitioner|to a sum of Rs.13,86,23,850/-. It is grievance of the.petitioner that despite a lapse of almost 2 months from.tnat day, the concerned respondents have not taken any.steps to give effect to the said intimation and have not.paid the said amount to the petitioner, wno is undergoing.great financial hardship and loss on account of the delay.and laches on the part of the respondents to pay the saidamount already determined to be refunded in faovur of.tne petitioner and as such the petitioner is before this|Court by way of this petition. — 4. Per contra, learned Counsel for the respondentssubmits that if reasonable time is granted, the concernedrespondents will take necessary steps to give effect to the|aforesaid intimation at Annexure-F dated 22.10.2071 and|refund the aforesaid sum in favour of the petitioner. 5. Said submission of tne learned Counsel for therespondents Is placed on record. — 6. In view of the aforesaid facts and circumstancesand submissions made at the Bar, I deem it just and|appropriate to dispose of this petition directing the.concernedrespondentstorefund theaMOountquantified/determinedDYtne1[st]respondentvide|intimationatAnnexure-F,dated|22.10.2021|as|expeditiously as possible and at any rate on or before|17.01.7027 2 7. Subject to the aforesaid directions, the writ|petition standsdisposed of SD/-| JUDGE