$ 1 * IN HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 4565/2020 & CM APPLs.16502-16503/2020 M/S BT INDIA PRIVATE LIMITED ..... Petitioner Through: Mr.Deepak Chopra with Ms.Akansha Agarwal, Abhimanyu Chopra, Ms.Manasvini Bajpai and Mr.Ankul Goyal, Advocates. versus ASSISTANT COMMISSIONER OF INCOME-TAX & ANR. Respondents Through: Mr.Abhishek Maratha, Advocate for R-1. % Date of Decision: 27th July, 2020 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT MANMOHAN, J: (Oral) 1. petition has been listed before this Bench by Registry in view of urgency expressed therein. same has been heard by way of video conferencing. 2. It is pertinent to mention that present writ petition has been filed challenging proceedings initiated against petitioner vide notice dated 09th May, 2020 under Section 245 of Income Tax Act, 1961 (hereinafter W.P. (C) 4565/2020 Page 1 of 3 referred to as Act ) and to refund Rs.2,69,04,670 payable on finalisation of income tax return for assessment year 2018-19 along with applicable interest. Petitioner further prays that direction be issued to respondents to dispose of rectification applications and /or pending proceedings for previous assessment years. 3. Learned counsel for petitioner states that tax demands outlined in notice dated 09th May, 2020 are invalid because for all assessment years mentioned therein, either rectification applications have been pending in spite of reminders or matters have been set-aside to file of Assessment Officer for fresh verification. He further states that on proper rectifications being done, tax refunds would become due to petitioner for many of such assessment years and/or demands so raised would not survive. 4. He emphasises that petitioner is apprehensive that respondents would proceed to adjust refund amount against aforesaid illegal demands and petitioner would be left with no remedy. 5. Issue notice. 6. Mr.Abhishek Maratha, Advocate accepts notice on behalf of respondent no.1. 7. Since some of rectification applications have been pending since July and December, 2012, this Court disposes of present writ petition by directing respondent no.1 to decide petitioner s objection petition dated 11th June, 2020 within period of two weeks by way of reasoned order. 8. In event, petitioner is aggrieved by said order, petitioner shall be at liberty to file appropriate proceedings in accordance W.P. (C) 4565/2020 Page 2 of 3 with law. To allow petitioner to avail of its legal remedies, this Court directs that intimation dated 09th May, 2020 under Section 245 of Act shall not be given effect to for period of four weeks from today. 9. With aforesaid directions, present writ petition along with pending applications stand disposed of. 10. order be uploaded on website forthwith. Copy of order be also forwarded to learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J JULY 27, 2020 KA W.P. (C) 4565/2020 Page 3 of 3 BT India Private Limited v. Assistant Commissioner of Income-tax & Anr