Delhi High Court
Krbl Limited vs Deputy Commissioner Of Income Tax ... on 19 October, 2022
Neutral Citation Number: 2022/DHC/004419
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14590/2022
KRBL LIMITED ..... Petitioner
Through: Mr.Salil Kapoor with Mr.Sumit
Lalchandani, Ms.Ananya Kapoor and
Mr.Tarun Chanana, Advocates.
versus
DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 13(1) &
ORS ..... Respondents
Through: Mr.A.Renganath, Advocate for
Mr.Ajit Sharma, Sr.Standing Counsel
for the Revenue.
% Date of Decision: 19th October, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, J:
C.M.No.44725/2022
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.14590/2022
1. Present writ petition has been filed seeking a direction to the
Respondents to pass the appeal effect order pursuant to the Income Tax
Appellate Tribunal (' ITAT') order dated 09th May, 2022 and to issue refund
of Rs.11,56,81,040/- along with up-to-date interest as well as issue short
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:20.10.2022
19:04:53
Neutral Citation Number: 2022/DHC/004419
interest of Rs.1,74,91,170/- received from the Respondents after giving
effect to the order of CIT(A) for the Assessment Year 2010-11 and to
release the refund of Rs. 60,00,000/- seized at the time of search along with
up-to-date interest being due to the Petitioner pursuant to the ITAT order
dated 09th May, 2022.
2. Learned counsel for the Petitioner states that the ITAT vide order
dated 09th May, 2022, decided all issues in favour of the Petitioner and the
entire additions were deleted, thus allowing the appeal of the Petitioner and
dismissing the appeal of the Respondents. He states that the Petitioner is
now entitled to a refund of remaining taxes paid under protest amounting to
Rs.11,56,81,040/- along with applicable interest under Sections
244A/244A(1A) of the Income Tax Act, 1961 ('the Act').
3. Learned counsel for the Petitioner states that the Petitioner has filed
letters dated 20th May, 2022 and 11th July, 2022 with the Respondents for
passing of an appeal effect order pursuant to the ITAT order and also for
release of refunds legally due to the Petitioner, but to no avail. He submits
that non-issuance of refund is in violation of Article 265 of the Constitution
of India and also against Sections 237 and 240 of the Act.
4. Issue notice. Mr.A.Renganath, Advocate accepts notice on behalf of
the Respondents-Revenue. He states that the Revenue is in the process of
filing an appeal against the order of the ITAT.
5. Having heard learned counsel for the parties, this Court is of the view
that the Respondents-Revenue had sufficient time to file an appeal against
the order of the ITAT. In any event, in accordance with the mandate of law,
the appeal effect order has to be passed within three months of passing the
appeal order.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:20.10.2022
19:04:53
Neutral Citation Number: 2022/DHC/004419
6. Keeping in view the limited prayer sought in the present writ petition,
the same is disposed of along with the pending application with a direction
to the Respondents-Revenue to consider:-
(i) Issue of refund of Rs.11,56,81,040/- along with up-to-date interest
to the Petitioner;
(ii) Issue of short interest payment of Rs.1,74,91,170/- to the Petitioner
after giving effect to the order of CIT(A) for the Assessment Year
2010-11; and
(iii) Release of refund of Rs.60,00,000/- to the Petitioner, seized at the
time of search along with up-to-date interest, in accordance with
law.
7. The necessary appeal effect orders and payments of refunds shall be
made within the said period of six weeks. The rights and contentions of all
the parties are left open.
MANMOHAN, J
MANMEET PRITAM SINGH ARORA, J
OCTOBER 19, 2022
KA
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:20.10.2022
19:04:53
