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High Court of DelhiW.P.(C)/17063/2024

Mufg Bank Ltd v. Assistant Commissioner Of Income Tax Circle 2 2 1 & ORS.

2024-12-10Hon'Ble The Acting Chief Justice,Hon'Ble Mr. Justice Tushar Rao Gedela2 pages

$~278 & 285 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17063/2024 MUFG BANK LTD .....Petitioner Through:

Mr. Hiten Thakkar and Mr. Nikhil Ranjan, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2 2 1 & ORS .....Respondent Through:

Mr. Puneet Rai, SSC, Mr. Rishabh Nangia, JSC, Mr. Ashvini Kumar, JSC and Mr. Nikhil Jain, Advocate (285) + W.P.(C) 17087/2024 MUFG BANK LTD .....Petitioner Through:

Mr. Hiten Thakkar and Mr. Nikhil Ranjan, Advocates versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2 2 1 & ORS .....Respondent Through:

Mr. Puneet Rai, SSC, Mr. Rishabh Nangia, JSC, Mr. Ashvini Kumar, JSC and Mr. Nikhil Jain, Advocate

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 10.12.2024 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 16/12/2024 at 12:33:05

1.

Issue notice.

2.

Learned counsel for the respondent/Revenue accepts notice. 3.

The petitioner has filed the present petitions inter alia praying that the directions be issued to the respondents to disburse the refunds determined in respect of assessment years (AY) 2017-18 and 2018-19 (Rs.25,71,65,382/- and Rs. 2,34,97,428/- respectively).

4.

Learned counsel appearing for the Revenue states, on instructions, that the amounts of refund as determined, have not been disbursed. The same have been withheld by Central Processing Centre (CPC), awaiting the necessary information from the jurisdictional Assessing Officer (AO) for processing the same.

5.

In absence of any order passed in accordance with law for adjusting the refund, the said amounts are required to be disbursed. In view of the above, we direct that the refunds, as determined, be disbursed to the petitioner alongwith applicable interest within a period of eight weeks from date. This is subject to no contrary order being passed for either adjusting or withholding the same.

6.

The petitions are disposed of in the aforesaid terms. ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J DECEMBER 10, 2024 Aj 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 16/12/2024 at 12:33:05