Texaco Overseas Pvt. Ltd. v. ACIT, Circle 25(1) & Anr
[Citation -2020-LL-0821-1]

Citation 2020-LL-0821-1
Appellant Name Texaco Overseas Pvt. Ltd.
Respondent Name ACIT, Circle 25(1) & Anr.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 21/08/2020
Assessment Year 2017-18, 2018-19
Judgment View Judgment
Keyword Tags rectification order • refund
Bot Summary: The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. Present writ petition has been filed for refund of Rs.1,92,820/- determined vide order dated 06th July, 2019 under Section 154 of the Income Tax Act, 1961 for the assessment year 2017-18 along with the interest under Section 244A of the Act, 1961 as well as for deleting the demand of Rs.85,91,260/- for the assessment year 2018-19 W.P. 5519/2020 Page 1 of 2 determined vide order dated 13th June, 2019 under Section 143(1) of the Act, 1961, on the basis of subsequent rectification order dated 19 th November, 2019 under Section 154 of the Act, 1961. Learned counsel for the petitioner states that the respondent cannot overlook the subsequent refund determined under Section 154 of the Act, 1961 on the ground that it had adjusted the same against previous demand, which was later on either reduced to nil or found wrongly uploaded in the computer system. Learned counsel for the petitioner states that despite rectification applications dated 28th July, 2020, 6th August, 2020 and 11th August, 2020 under Section 154 of the Act, 1961 the respondents have till date not granted refund of Rs. 1,92,820/-. Mr. Abhishek Maratha, learned counsel, accepts notice on behalf of the respondents. With the consent of the parties, the present writ petition is disposed of with a direction to the respondents to decide the petitioner s rectification applications dated 28 th July, 2020, 6th August, 2020 and 11th August, 2020 under Section 154 of the Act, 1961 within six weeks in accordance with law. Copy of the order be also forwarded to the learned counsel through e-mail.


$ 2 * IN HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 5519/2020 TEXACO OVERSEAS PVT LTD Petitioner Through: Mr. Mukesh Gupta, Advocate. versus ACIT, CIRCLE 25(1) & ANR. Respondent Through: Mr. Abhishek Maratha, Senior Standing Counsel with Mr. Pratayash Gupta, Ms. Nupur Sharma and Mr. Anshul Sharma, Advocates. % Date of Decision: 21st August, 2020 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT MANMOHAN, J: (Oral) CM APPL. 19883/2020 Allowed, subject to all just exceptions. W.P. (C) 5519/2020 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. Present writ petition has been filed for refund of Rs.1,92,820/- determined vide order dated 06th July, 2019 under Section 154 of Income Tax Act, 1961 (hereinafter referred to as Act, 1961 ) for assessment year 2017-18 along with interest under Section 244A of Act, 1961 as well as for deleting demand of Rs.85,91,260/- for assessment year 2018-19 W.P. (C) 5519/2020 Page 1 of 2 determined vide order dated 13th June, 2019 under Section 143(1) of Act, 1961, on basis of subsequent rectification order dated 19 th November, 2019 under Section 154 of Act, 1961. 3. Learned counsel for petitioner states that respondent cannot overlook subsequent refund determined under Section 154 of Act, 1961 on ground that it had adjusted same against previous demand, which was later on either reduced to nil or found wrongly uploaded in computer system. 4. Learned counsel for petitioner states that despite rectification applications dated 28th July, 2020, 6th August, 2020 and 11th August, 2020 under Section 154 of Act, 1961 respondents have till date not granted refund of Rs. 1,92,820/-. 5. Issue notice. 6. Mr. Abhishek Maratha, learned counsel, accepts notice on behalf of respondents. 7. After some arguments, with consent of parties, present writ petition is disposed of with direction to respondents to decide petitioner s rectification applications dated 28 th July, 2020, 6th August, 2020 and 11th August, 2020 under Section 154 of Act, 1961 within six weeks in accordance with law. All rights and contentions of parties are left open. 8. order be uploaded on website forthwith. Copy of order be also forwarded to learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J AUGUST 21, 2020/sb W.P. (C) 5519/2020 Page 2 of 2 Texaco Overseas Pvt. Ltd. v. ACIT, Circle 25(1) & Anr
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