Karnataka High Court
M/S Olive Lifesciences Private Limited vs The Deputy/ Assistant Commissioner Of ... on 1 October, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:40841
WP No. 21861 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 21861 OF 2024 (T-IT)
BETWEEN:
M/S OLIVE LIFESCIENCES PRIVATE LIMITED.,
COMPANY INCORPOATED UNDER
COMPANIES ACT. 1956,
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SRI. SANIL K V SON OF SRI K V NARAYAN,
NO 5805/05, NH-4,
NEAR NAVAYUGA TOLL GATE,
NELAMANGALA, BENGALURU - 562 123.
PAN AABCO1065F
...PETITIONER
(BY SRI. ANNAMALAI S.,ADVOCATE)
AND:
1. THE DEPUTY/ ASSISTANT COMMISSIONER OF INCOME TAX
Digitally signed by TDS, CIRCLE 2(1),
LEELAVATHI S R NO 59, HMT BHAVAN, 4TH FLOOR
Location: HIGH BALLARI ROAD, GANGANAGAR,
COURT OF BENGALURU 560 032.
KARNATAKA
2. THE COMMISSIONER OF INCOME TAX (TDS)
NO 59,HMT BHAVAN, 4TH FLOOR,
BALLARI ROAD, GANGANAGAR,
BENGALURU 560 032.
3. THE CHIEF COMMISSIONER OF INCOME TAX (TDS)
KARNATAKA AND GOA,
CENTRAL REVENUE BUILDING,
NO 1, QUEENS ROAD,
BENGALURU 560 001.
-2-
NC: 2024:KHC:40841
WP No. 21861 of 2024
4. CENTRALIZED PROCESSING CELL-TDS
AAYAKAR BHAWAN,SECTOR 3,
VAISHALI, GHAZIABAD,
UTTAR PRADESH 201 010.
...RESPONDENTS
(BY SRI.ARAVIND V CHAVAN.,ADVOCATE FOR R1 TO R3;
R4 SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ENHANCE THE
SHORT COMPUTATION OF INTEREST UNDER SECTION 244A OF
THE ACT IN RESPECT OF TDS REFUND AS COMPUTED IN THE E-
MAIL SENT ON 16.08.2023 BY THE R1 TO THE PETITIONER HEREIN
MARKED AS ANNX-A.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"i) Issue a writ of direction in the nature of a writ of
mandamus to enhance the short computation of interest
under section 244A of the Act in respect of TDS refund as
computed in the e-mail sent on 16.08.2023 by the
Respondent No.1 to the petitioner herein marked as
Annexure-A.
ii) And pass such other orders as this Hon'ble Court deems
fit and proper in the interest of justice and equity."
2. Heard learned counsel for the petitioner and learned
counsel for the respondents and perused the material on record.
NC: 2024:KHC:40841
3. In addition to reiterating the various contentions urged
in the petition and referring to the material on record, learned
counsel for the petitioner submits that TDS amount payable by the
petitioner was paid on various dates on 24.05.2013 and 28.09.2013
and subsequent to which, the request of the petitioner for refund
was accepted and refund was granted in favour of the petitioner on
03.12.2022. It is submitted that despite the respondent having
collected TDS from the petitioner on 24.05.2013 and 28.09.2013
and having granted refund only on 03.12.2022, respondent has
granted interest only for the period of two months and has not
granted interest for the remaining period and in the light of the
Circular No.11/2016 dated 26.04.2016 and judgment of the Apex
Court in the case of Union of India Vs. Tata Chemical Ltd.,1
petitioner would be entitled to interest on the aforesaid refund
amount and since the same has not been granted to the petitioner,
the petitioner is before this Court by way of present petition.
4. Per contra, learned counsel for the respondent submits
that if reasonable time is granted, respondent would calculate the
interest payable in favour of petitioner under Section 244A and
make payment after due verification.
(2014) 6 SCC 335
NC: 2024:KHC:40841
5. In view of the aforesaid facts and circumstances and
submissions made by both sides, I deem it just and appropriate to
dispose of the petition directing the respondent to verify the records
and pay interest in favour of the petitioner on the refund amount in
terms of Section 244A of the Income Tax Act bearing in mind
Circular No.11/2016 dated 26.04.2016 and judgment of the Apex
Court in the case of Union of India (supra) within a period of three
months from today.
6. Subject to the aforesaid directions, petition stands
disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
