J. Mitra & Co. Pvt. Ltd. v. Income Tax Officer (International Taxation) Tds Ward 3(1) New Delhi & Othres & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 8.

+ W.P.(C) 8995/2014 J. MITRA & CO. PVT. LTD.

..... Petitioner Through: Mr. Prakash Kumar, Advocate.

versus INCOME TAX OFFICER (INTERNATIONAL TAXATION) & ORS.

..... Respondents Through: Mr. Ashok K. Manchanda, Senior Standing counsel with Ms. Vibhooti Malhotra, Advocate.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R

% 21.01.2016

1. The short point in this writ petition is about the Petitioner seeking refund of excessive tax deducted at source alongwith interest thereupon in relation to payments made by it to a foreign party.

2. Reliance is placed on Circular No. 7/2007 dated 23rd October 2007 (Annexure-13 to the writ petition). It is stated that despite several letters written to the Department, there has been no response received. W.P.(C) No. 8995/2014

3. Despite notice having been issued in this petition way back on 8th January 2015, for more than a year now, a counter affidavit has not even been filed.

4. In the circumstances, the Court considers it appropriate to direct the Department to process the request of the Petitioner in terms of the aforementioned Circular and communicate to the Petitioner not later than three weeks from today and in any event on or before 26th February 2016 its decision on the request of the Petitioner. If for some reason the request is rejected it will be open to the Petitioner to revive this petition.

5. The petition is disposed of in the above terms. S. MURALIDHAR, J VIBHU BAKHRU, J JANUARY 21, 2016/dn W.P.(C) No. 8995/2014