Texaco Overseas P. Ltd. v. ACIT, Circle 25(1) & Anr
[Citation -2020-LL-0824-12]

Citation 2020-LL-0824-12
Appellant Name Texaco Overseas P. Ltd.
Respondent Name ACIT, Circle 25(1) & Anr.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 24/08/2020
Assessment Year 2014-15, 2015-16, 2010-11
Judgment View Judgment
Keyword Tags interest • refund • rectification application
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 seeking refund of Rs. 1,51,110/- and Rs.1,84,730/- determined under Section 143(1) of the Income Tax Act, 1961 for the Assessment Years 2014-15 and W.P. 5592/2020 Page 1 of 2 2015-16 respectively along with interest under Section 244A of the Act, 1961. Petitioner also prays for deletion of demand of Rs.22,44,970/- for Assessment Year 2010-11 in pursuance to the orders dated 25th November, 2016 and 08th December, 2016 passed under Section 143(3)/254/154 of the Act, 1961. Learned counsel for the petitioner states that the respondent cannot refuse refunds determined under Section 143(1) of the Act, 1961 against demands which have subsequently been reduced to Nil. Learned counsel for the petitioner further states that despite rectification applications dated 28th July, 2020, 06th August, 2020 and 11th August, 2020 under Section 154 of Act, 1961, respondents have till date not granted the aforesaid refunds. Mr. Abhishek Maratha, learned counsel accepts notice on behalf of 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 28th July, 2020, 06th August, 2020 and 11th August, 2020 under Section 154 of the Act, 1961 within six weeks in accordance with law.


$ 42 * IN HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 5592/2020 TEXACO OVERSEAS P. LTD. ...... Petitioner Through: Mr. Mukesh Gupta, Advocate. versus ACIT, CIRCLE 25(1) & ANR. ...... Respondents Through: Mr. Abhishek Maratha, Senior Standing Counsel with Mr. Pratayash Gupta, Ms. Nupur Sharma and Mr. Anshul Sharma, Advocates. % Date of Decision: 24th August, 2020 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT MANMOHAN, J: (Oral) CM APPL. 20206/2020 Allowed, subject to all just exceptions. W.P. (C) 5592/2020 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 seeking refund of Rs. 1,51,110/- and Rs.1,84,730/- determined under Section 143(1) of Income Tax Act, 1961 (hereinafter referred to as Act, 1961 ) for Assessment Years 2014-15 and W.P. (C) 5592/2020 Page 1 of 2 2015-16 respectively along with interest under Section 244A of Act, 1961. Petitioner also prays for deletion of demand of Rs.22,44,970/- for Assessment Year 2010-11 in pursuance to orders dated 25th November, 2016 and 08th December, 2016 passed under Section 143(3)/254/154 of Act, 1961. 3. Learned counsel for petitioner states that respondent cannot refuse refunds determined under Section 143(1) of Act, 1961 against demands which have subsequently been reduced to Nil . 4. Learned counsel for petitioner further states that despite rectification applications dated 28th July, 2020, 06th August, 2020 and 11th August, 2020 under Section 154 of Act, 1961, respondents have till date not granted aforesaid refunds. 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 28th July, 2020, 06th 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 24, 2020 js W.P. (C) 5592/2020 Page 2 of 2 Texaco Overseas P. Ltd. v. ACIT, Circle 25(1) & Anr
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