Unitech Wireless (Tamil Nadu) Private Limited v. Commissioner Of Income Tax (Tds)-2 & ORS.

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8621/2016 & CM APPL. 35485/2017 UNITECH WIRELESS (TAMIL NADU) PRIVATE LIMITED ..... Petitioner Through :

Mr. Deepak Chopra and Ms.

Manasvini Bajpail, Advocates.

versus COMMISSIONER OF INCOME TAX (TDS)-2 & ORS.

..... Respondents Through :

Mr. Rahul Chaudhary, Senior Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH

O R D E R

% 31.10.2017 CM APPL. 35485/2017 Issue notice returnable on 13th December, 2017. 2.

Learned counsel for the applicant states that after this application was filed, refund for the Assessment Years (AYs) 2010-11 and 2011-12, has been processed, but has not paid.

It is also stated that the interest is not being paid. He submits that the refund amount of Rs.17 Crores for AYs 2009-10, 2012-13, 2013-14, 2014-15 & 2015-16 is still pending and has not been processed.

3.

Learned counsel for the respondents, on instructions, states that the interest would be paid for AYs 2010-11 & 2011-12. With regard to refund for the other AYs, it is stated by the counsel for the respondents that the matter is being examined as there are certain discrepancies and mismatch.

4.

Learned counsel for the applicant states that the said assertion is incorrect as the Chartered Accountants/authorized representatives of the applicant were present in the office of the Assessing Officer and have clarified the entire situation and have matched the deposit of TDS and tax paid with 26-AS Form.

5.

Reply to this application, if any, would be filed by the respondents within two weeks.

Rejoinder, if any required, may be filed within two weeks after service of the reply.

6.

Relist on 13th December, 2017. Refund amount of AYs 2010-11 & 2011-12 will be released, if already not released, within seven days. Dasti. SANJIV KHANNA, J PRATHIBA M. SINGH, J OCTOBER 31, 2017/dk