Delhi High Court
Fis Payment Solutions And ... vs Assistant Commissioner Of Income ... on 26 November, 2021
$~A-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9063/2020
FIS PAYMENT SOLUTIONS AND SERVICES INDIA PRIVATE
LIMITED ..... Petitioner
Through: Mr.Ajay Vohra, Sr. Advocate with
Mr.Ankul Goyal, Advocate.
versus
ASSISTANT COMMISSIONER OF INCOME
TAX 7 1 ..... Respondent
Through: Mr.Ruchir Bhatia, Advocate with
Ms.Mansie Jain, Advocate.
Date of Decision: 26th November, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 26.11.2021
th
On 8 July, 2021, this Court had passed the following order:
"The petition has been heard by way of video
conferencing.
Mr. Ruchir Bhatia, learned counsel for the
respondentstates that after the last date of hearing, a sum of
Rupees Seventy Two Crores (Rs. 72 crores) has been refunded
on account of excess TDS deposit by the petitioner. He further
states that an additional sum of Rupees Twelve Crores (Rs. 12
crores) has been refunded on account of computational error in
demand notice. He, however, states that the instructions are
awaited in respect of expenditure incurred towards Employee
Stock Ownership Plan.
Learned counsel for the petitioner confirms the receipt of
refund of Rs.72 crores as well as Rs.12 crores.
At the request of learned counsel for respondent,Mr.
Ruchir Bhatia, adjourned to 16th September, 2021.
The order be uploaded on the website forthwith. Copy of
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:29.11.2021
17:45:32
the order be also forwarded to the learned counsel through e-
mail."
Mr. Ajay Vohra, learned senior counsel for the petitioner, submits that
the Assessing Officer had erroneously made an addition of
Rs.22,30,00,000/- in respect of expenditure incurred towards Employees
Stocks Ownership Plan contrary to the judgment rendered by this Court in
CIT Vs. Lemon Tree Hotels Ltd. (IT Appeal No. 107/2015) on 18th August,
2015.
Mr. Ruchir Bhatia, learned counsel for the revenue states that the
judgment of this Court in CIT Vs. Lemon Tree Hotels Ltd. (supra) is
pending challenge before the Apex Court.
Mr. Ajay Vohra, learned senior counsel for the petitioner states that
there is no stay of the judgment of this Court in CIT Vs. Lemon Tree Hotels
Ltd. (supra).
In the opinion of this Court, as there is no stay of the judgment passed
by this Court in CIT Vs. Lemon Tree Hotels Ltd. (supra), the petitioner is
entitled to refund of tax on account of expenses incurred towards Employees
Stocks Ownership Plan to the extent it has been adjusted. The Assessing
Officer is directed to refund the adjusted amount within eight weeks.
With the aforesaid direction, the present writ petition stands disposed
of.
List the matter for compliance on 1st February, 2022.
MANMOHAN, J
NAVIN CHAWLA, J
NOVEMBER 26, 2021/TS
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:29.11.2021
17:45:32
