M/S. Aegis Limited vs The Union Of India And 3 Ors
2016 Latest Caselaw 6868 Bom

     suresh                                       904-WP-1622.2016.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                      
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                          WRIT PETITION NO.1622 OF 2016




                                              
     M/s. Aegis Limited,
     a Company incorporated under the




                                             
     Companies Act, 1956, having its
     office at Essar House, 11, K.K. Marg,
     Mahalaxmi, Mumbai-400 034.                        ....  Petitioner




                                     
              - Versus -

     1. The Union of India
                             
          through Secretary,
                            
          Ministry of Finance, 
          North Block, New Delhi.

     2. The Central Board of Direct Taxes
      

          through the Secretary, 
          Department of Revenue,
   



          Ministry of Finance, 
          Government of India, 
          Central Secretariat, North Block,
          New Delhi-110 001.





     3. The Additional Commissioner of
          Income Tax 6(1), having his
          office at 5th Floor, Aayakar
          Bhawan, M.K. Road,





          Mumbai-400 020.

     4.  The Deputy Commissioner of Income
           Tax 6(1), having his office at
           Aayakar Bhawan, M.K. Road,
           Mumbai-400 020.                             ....  Respondents




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      suresh                                                    904-WP-1622.2016.doc




                                                                                   
     Mr. Deepak Chopra with Mr. Jas Sanghavi, Ms Manasvini
     Bajpai and Mr. Aseem Mewar i/by M/s. PDS Legal for




                                                           
     the Petitioner.
     Mr. Anil C. Singh, Additional Solicitor General, with 
     Mr. A.R. Malhotra, Ms Geetika Gandhi and Ms C.S. Xavier
     for the Respondents.




                                                          
                                         CORAM: S.C. DHARMADHIKARI &
                                                        B.P. COLABAWALLA, JJ.

ig DATE : DECEMBER 01, 2016

ORAL JUDGMENT (Per Shri S.C. DHARMADHIKARI, J.):

1. The facts of this case and the issues raised being

similar to those in Original Side Writ Petition No.1619 of 2016

{M/s. Aegis Limited Vs. The Union of India & 3 others} and

the said writ petition having been disposed of for the reasons

recorded in our Judgment passed today, this writ petition is also

disposed of in the following terms:-

2. We direct that the refund application of the

petitioner pending with the Department shall be processed by

the Competent Authority, namely, respondent No.4, as

expeditiously as possible and in accordance with law.

suresh 904-WP-1622.2016.doc

3. We grant two weeks' time for the same. The time to

commence from the date of receipt of a copy of this order.

4. We clarify that we have expressed no opinion on the

merits of the refund application. This application shall be dealt

with in accordance with law.

5. Once we direct disposal of the refund application,

needless to clarify that the Refund application pertaining to the

Assessment Year 2015-16 shall be processed and disposed of in

terms of our directions.

6. Rule is made absolute in the above terms. There will

be no order as to costs

(B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)