M/S Nortel Networks Singapore Pte Limited In Liquidation v. Deputy Commissioner Of Income Tax

$~148 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7481/2024 M/S NORTEL NETWORKS SINGAPORE PTE LIMITED IN LIQUIDATION ..... Petitioner Through:

Mr.

Kamal Sawhney, Mr.

Nikhil Agarwal, Mr.

Puru Medhira and Mr.

Nishank Vashistha, Advocates.

versus DEPUTY COMMISSIONER OF INCOME TAX .. Respondent Through:

Mr. Ruchir Bhatia and Mr.

Anant Mann, Advocates.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 22.05.2024 1.

This instant writ petition seeks the following reliefs:- "(i) Issue a writ of mandamus and/or any other writ, order or direction in the nature of mandamus directing the Respondent to dispose the rectification application dated 04.04.2022 within a period of four weeks.

(ii) Issue a writ of mandamus and/or any other writ, order or direction in the nature of mandamus directing the Respondent to issue interest (computed till the date of remittance) under Section 244A(1) and additional interest under Section 244A(1A) of the Act, and release consequential refunds within a period of four weeks." 2.

Undisputedly, the rectification petition has been pending right from 04 April 2022.

3.

In view of the aforesaid, Mr. Bhatia, learned counsel appearing for the respondent states that the said application shall be duly examined and disposed of in accordance with law within a period of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:59:27

six weeks from today. The statement so made is recorded and accepted.

4.

We, additionally, provide that in case rectification is granted, the respondent shall also bear in consideration the provisions of Section 244A(1A) and Section 244A(1) of the Income Tax Act, 1961 [„Act'] and the asserted claim of interest as raised. 5.

The petition shall stand disposed of on the above terms. 6.

All rights and contentions of respective parties are kept open. YASHWANT VARMA, J AMIT BANSAL, J MAY 22, 2024/ RW The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:59:27