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High Court of DelhiW.P.(C)/16686/2024

Lease Plan India Private Limited v. Deputy Commissioner Of Income Tax Circle 13(1) New Delhi & ANR.

2024-12-03Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Dr. Justice Swarana Kanta Sharma2 pages

$~96 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 16686/2024 and CM APPL. 70603/2024 LEASE PLAN INDIA PRIVATE LIMITED .....Petitioner Through:

Mr Ajay Vohra, Sr. Advocate with Mr Neeraj Jain, Mr Aditya Vohra and Mr Shashvat Dhamija, Advocates versus DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 13(1) NEW DELHI & ANR.

.....Respondents Through:

Mr Shlok Chandra, Sr.

Standing Counsel with Ms Naincy Jain and Ms Madhavi Shukla, Advocates.

CORAM:

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

O R D E R

% 03.12.2024 1.

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

"a. Writ in the nature of mandamus or any other appropriate writ, direction or order directing Respondent No.1 to forthwith process the rectification applications dated 12.10.2018, 17.01.2020 and subsequent applications/ reminder letters filed by the Petitioner and to pass speaking order under section 154 of the Act; b. Writ in the nature of mandamus or any other appropriate writ, direction or order directing Respondent No.1 to forthwith grant income-tax refund due to the Petitioner along with applicable interest under section 244A of the Act (till the date of credit) for assessment year 2008-09."

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 09/12/2024 at 13:01:20

2.

At the outset, the learned counsel appearing for the Revenue states on instructions that the applications filed by the petitioner under Section 154 of the Income Tax Act, 1961 (hereafter the Act) would be decided within a period of five weeks from today. The Revenue is bound down to the said statement.

3.

In view of the above, we do not consider it apposite to pass any further orders in this petition. It is, however, clarified that all rights and contentions of the parties are reserved and if the petitioner is not satisfied by any order passed under Section 154 of the Act, the present order will not preclude the petitioner from availing its remedies in accordance with law. 4.

The petition is disposed of in the aforesaid terms. Pending application shall also stand closed.

VIBHU BAKHRU, J SWARANA KANTA SHARMA, J DECEMBER 03, 2024 / tr Click here to check corrigendum, if any 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 09/12/2024 at 13:01:20