Tata Teleservices (Maharashtra) Ltd v. Deputy Commissioner Of Income Tax,Tds 2(3) And 3 ORS

Minal V.

Parab Digitally signed by Minal V. Parab Date:

2020.12.22 16:58:47 +0530 16_WP723_20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.723 OF 2020 Tata Teleservices (Maharashtra) Limited ...

Petitioner Vs.

Deputy Commissioner of Income Tax - TDS 2(3) and others ...

Respondents Mr. Nishant Thakkar a/w. Ms. Jasmine Amalsadvala i/b. PDS Legal for Petitioner.

Mr. Suresh Kumar for Respondents.

CORAM : UJJAL BHUYAN & ABHAY AHUJA, JJ.

DATE :

DECEMBER 22, 2020 P.C. :

Heard Mr. Thakkar, learned counsel for the petitioner and Mr. Kumar, learned standing counsel Revenue for the respondents. 2.

This petition has been filed under Articles 226 / 227 of the Constitution of India seeking a direction to the respondents for refund of Rs.7,30,00,000.00 along with applicable interest under section 244A of the Income Tax Act, 1961 pursuant to order passed by the Income Tax Appellate Tribunal, "D" Bench, Mumbai in ITA Nos.2043/Mum./2014 and 2045/Mum./2014 on 27.05.2016 for the assessment years 2009-10 and 2012-13.

3.

On the previous occasions, Mr. Kumar had sought for time to obtain instructions on the claim of the petitioner for refund. 4.

Today when the matter is called upon, he submits that process has been initiated for making the refund. In this connection, he has referred to the affidavit filed on behalf of the respondents and submits that process of issue of manual refund is already underway. 5.

In view of the above statement made by Mr. Kumar, we direct the 1/2

16_WP723_20.doc respondents to refund the processed amount to the petitioner expeditiously and at any rate within a period of six weeks from the date of receipt of a copy of this order.

6.

Writ petition is disposed of.

7.

Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

(ABHAY AHUJA, J.) (UJJAL BHUYAN, J.) Minal Parab 2/2