Wp/24408/2019 Of Avo Carbon Holdings Llc v. Deputy Commissioner Of Income Tax Cpc

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 DAY OF JULY, 2019 BEFORE. THE HON’BLE MRS .JUSTICE S.SUJATHA ;WRIT PETITION No.24408 OF 2019(TIT) BEIWEEN Avo Carbon Holdings LLC2/11, Centerville Road,Suite 400,Wilmington, Delaware-19808United States of America. Represented by itsAutnorised representative, Mr.M.S.ManojAged 46 years,R/o No.99, 3[!%]West Street,Sri. Mehta Nagar, Andaankuppam,Kundratur, Cnennai-600 069. ... PetTITIONET (By Sri.Nandakumar C.K, Advocate) AND Deputy Commissioner of Income Tax, CPC1 Fioor, Prestige Alpna No.48/1, 48/2,|Beratena Agranara,Begur Hobli, Hosur Road,Bengaluru-560 100. .. Respondent (By Sri. Jeevan J.Neeralgi, Advocate) -9.- This Writ Petition filed under Articles 226 and 227 ofthe Constitution of India, praying to direct the respondentsto refund a sum ofZ1,33,30,196/- (Rupees One Crore.Thirty Tnree Lakhs Thirty Thousand One Hundred and,Ninety Six Only) along with interest issued by way of an}order dated 27.06.2017 passed by the respondent for theassessment years 2015-2016. This Writ Petition is coming on for PreliminaryHearing, this day, the Court made the following: ORDER Tne petitioner is aggrieved by the inaction of therespondents|In|NotrefundingtneaMoun.|ofRs.1,33,30,196/-(Rupees One Crore Thirty ThreeLakhs Thirty Thousand One Hundred and Ninety SixOnly) along witn interest issued by way of an orderNo.CPC/1516/U6/170/001462dated27.06.2017,relating to the assessment year 2015-2016. 2 |The petitioner — Company was incorporatedand registered under Company Law of United Statesof America in the state of Delaware, Wilmington. Ittranspires the petitioner company has entered into a -3- service agreement with AVO India and the petitionerhas been filing income tax returns reporting the fees.received from AVO India. AVO India deducted taxes!TDS]| under the provisions of Income Tax Act, 1961|'Act’ for short] before remitting service charges to thecompany. It appears, relating to the assessment year2015-16, the assessment concluded under Section143 [1] of the Act resulted in refund of Rs.1.2 Crores. 3.It transpires that the petitioner companyopened a virtual Dank account with Kotak MahindraBank and Indian Financial System Code and thedetails of which were furnished to the respondent for.refund purposes. 4It appears that the respondent had soughtfor a documentary proof of the bank account by way of a cancelled cheque leaf for the purpose of creditingthe TDS amount which facility was not available under -4- the virtual account. The representations made by thepetitioner claiming the refund of the tax amount has_remained unconsidered. Hence, this writ petition. 5.|Learned counsel for the petitioner wouldSubmit that the status in the portal shows that therefund is processed but withheld. For proceduralinfractions,thepetitioner|COMpPpanIS.facing.harassment to avail the refund of TDS.. 6.|On instructions, learned counsel for therespondent - Revenue submits that alternativearrangements are made to remit the refund eitherthrough RIGS/NEFT or by issuing a Cheque/DemandDraft to the petitioner-company. J |In view of the aforesaid, writ petitionstands disposed of directing the respondents to refundthe amount of Rs.1,33,30,196/-(Rupees One CroreThirty Three Lakhs Thirty Thousand One Hundred and -5- Ninety Six Only) to the petitioner along with interest to which it is entitled to, in an expedite manner. With the aforesaid observations and directions,the writ petition stands disposed of. ag Sd/-—JUDGE