Nokia Solutions And Networks India P. Ltd. v. Deputy Commissioner Of Income Tax, Circle 76,(1) New Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3709/2015 & CM 6606/2014 NOKIA SOLUTIONS AND NETWORKS INDIA P. LTD ..... Petitioner Through :

Mr Harpreet Singh Ajmani versus DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 76,(1) NEW DELHI & ORS .... Respondents Through :

Mr Kamal Sawhney with Mr Raghvendra Singh and Mr Shikhar Garg

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.10.2015 On the previous occasion, we had indicated that the bank Guarantee of Rs 5,93,70,740/-, which had been issued by the petitioner in favour of the department, was encashed on 14.04.2015. As per the TRACES report dated 03.09.2015, there appeared to be a total outstanding demand of Rs 1,80,55,200/-. The respondents were required to file a detailed affidavit indicating the manner in which the said bank guarantee amount was adjusted, if at all, against the existing demands. The affidavit was filed yesterday vide diary No. E-532650/2015. It is not on record. However, a copy of the same is given to the learned counsel for the petitioner and we have also seen a copy of the same. The Registry shall place it on record.

We have heard the learned counsel for the parties. It is an admitted position that the bank guarantee having been encashed, there is an excess amount available with the department in contrast to the outstanding demands which have already been adjusted, as

of today. The balance available with the department along with interest, if any, shall be refunded to the petitioner within four weeks from today in accordance with law. The writ petition stands disposed of.

BADAR DURREZ AHMED, J OCTOBER 09, 2015 SANJEEV SACHDEVA, J SR