Jindal Stainless Limited v. Deputy Commissioner Of Income Tax & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12372/2024 JINDAL STAINLESS LIMITED .....Petitioner Through:

Mr. Ajay Vohra, Sr. Adv. with Mr.

Aniket D. Agrawal and Mr. Abhishek Singhvi, Advs.

versus DEPUTY COMMISSIONER OF INCOME TAX & ANR.

.....Respondents Through:

Mr. Gaurav Gupta, SSC with Mr.

Shivendra Singh and Mr. Yogit Pareek, JSC for Income Tax.

Ms. Monika Arora, Mr. Subhrodeep Saha and Ms. Radhika Kurdukar, Advs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.10.2024 1.

The petitioner has filed the present writ petition inter alia praying as under:

"a) issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to grant forthwith refund of Rs.2,32, 70,20, 788 as determined/ assessed vide order dated 08.04.2024 under section 170A read with section 143(1) of the Income Tax Act, 1961 for the assessment year 2021-22, along with up-to-date applicable interest (as per law);"

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2.

It is the petitioner's case that the refund due to it has not been disbursed on account of certain procedural issues, resulting from recording the name of the amalgamating entity. The National Company Law Tribunal had, by an order dated 02.02.2023, approved the composite scheme of amalgamation whereby M/s Jindal Stainless (Hisar) Limited, M/s JSL Lifestyle Limited, M/s JSL Media Limited and M/s Jindal Stainless Corporate Management Services Private Limited were merged with the petitioner company (Jindal Stainless Limited). 3.

The learned counsel appearing for the Revenue states, on instructions, that the challan generated requires a modification to reflect it in the petitioner's name, and the said process should be completed within a period of eight weeks from date. He states that the refund due to the petitioner shall be processed within the said period along with the applicable interest.

4.

In view of the said statement, no further orders are required to be passed, except to record that the respondents shall be bound down by the said statement made on their behalf.

5.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J SWARANA KANTA SHARMA, J OCTOBER 07, 2024 'A'

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