Maple Logistics Pvt. Ltd. & Anr. v. Principal Commissioner of Income-tax-06 & Anr
[Citation -2020-LL-0501-3]

Citation 2020-LL-0501-3
Appellant Name Maple Logistics Pvt. Ltd. & Anr.
Respondent Name Principal Commissioner of Income-tax-06 & Anr.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 01/05/2020
Judgment View Judgment
Keyword Tags grant of refund • non-compliance • interim order • refund claim
Bot Summary: This petition has been filed by the petitioner for initiating contempt proceedings against the respondents for non-compliance of the interim order dated 17th January, 2020 passed in W.P.(C) No.629/2020. He wishes to take instruction as to why the refund claim of the Petitioner has not been paid. In case there is no impediment in grant of refund, the Respondents are directed to refund the amount due to the Petitioner within four weeks along with the applicable interest. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the directions contained in the aforesaid order dated 17th January, 2020 envisages that in case the respondents have no impediments in granting the refund, the same may be refunded. In the absence of specific directions contained in the aforesaid order with regard to income refund under the Income Tax Act, 1961, we do not see any violation of the directions of this Court much less any wilful disobedience by the respondents of the said order dated 17th January, 2020. Learned counsel for the respondent submitted that the refund claim of the petitioner has been processed and the same will be credited in the beneficiary account within a week. In view of the aforesaid observations of this Court and the statement made by the learned counsel for the respondent regarding processing of refund, this contempt petition is dismissed.


$ 1. * IN HIGH COURT OF DELHI AT NEW DELHI + CONT. CAS (C) 245/2020 & C.Ms.No.10568-69/2020 MAPLE LOGISTICS PVT LTD. & ANR. Petitioner Through: Mr.Sandeep Chilana, Adv. Versus PRINCIPAL COMMISSIONER OF INCOME TAX-06 & ANR. Respondents Through: Mr.Ruchir Bhatia, Sr.Standing Counsel with Mr.Shlok Chandra, Adv. CORAM: HON'BLE CHIEF JUSTICE HON'BLE MR. JUSTICE C. HARI SHANKAR ORDER 01.05.2020 C.M.No.10568-69/2020 Exemptions allowed subject to all just exceptions. applications are disposed of. Cont. Cas (C) No.245/2020 1. This petition has been filed by petitioner for initiating contempt proceedings against respondents for non-compliance of interim order dated 17th January, 2020 passed in W.P.(C) No.629/2020. said order reads as under:- Issue notice. Learned counsel for Respondent accepts notice. He wishes to take instruction as to why refund claim of Petitioner has not been paid. In case there is no impediment in grant of refund, Respondents are directed to refund amount due to Petitioner within four weeks along with applicable interest. Otherwise, reply shall be filed within same period. Rejoinder be filed before next date Cont. Cas. (C ) 245/2020 Page 1 of 2 2. Having heard learned counsel for parties and looking to facts and circumstances of case, it appears that directions contained in aforesaid order dated 17th January, 2020 envisages that in case respondents have no impediments in granting refund, same may be refunded. In absence of specific directions contained in aforesaid order with regard to income refund under Income Tax Act, 1961, we do not see any violation of directions of this Court much less any wilful disobedience by respondents of said order dated 17th January, 2020. 3. However, learned counsel for respondent submitted that refund claim of petitioner has been processed and same will be credited in beneficiary account within week. 4. In view of aforesaid observations of this Court and statement made by learned counsel for respondent regarding processing of refund, this contempt petition is dismissed. CHIEF JUSTICE C. HARI SHANKAR, J MAY 01, 2020 anb Cont. Cas. (C ) 245/2020 Page 2 of 2 Maple Logistics Pvt. Ltd. & Anr. v. Principal Commissioner of Income-tax-06 & Anr
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