Panther Investrade Ltd. v. S. K. Gupta

Digitally signed by MEERA MAHESH JADHAV Date:

2021.12.14 11:08:00 +0530 1/2 208-3461--04.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3461 OF 2004 Panther Investrade Ltd.

....Petitioner V/s.

S. K. Gupta

...Respondent

---- Mr. Atul K. Jasani a/w Mr. P. C. Tripathi for Petitioner Mr. Suresh Kumar for Respondent ---- CORAM : K.R. SHRIRAM & AMIT B. BORKAR, JJ DATED : 10th DECEMBER 2021 P.C. :

The facts in the present petition are similar to the facts in Writ Petition No.3460 of 2004, ofcourse, the dates and figures vary. The submissions on law are identical.

In view thereof, this petition is also allowed in terms of prayer clauses (a) and (b) which read as under:

(a) that this Hon'ble Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India, calling for the records of the petitioner's case in so far as they relate to the impugned order dated 14/9/2004 passed under Section 244A of the Act being Exhibit "O" hereto and after going through the same and examining the question of the legality thereof, to quash, cancel and set aside the same.

(b) that this Hon'ble Court may be pleased to issue a writ of Mandamus of a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, ordering and directing respondent no.1 to grant interest on refund of advance tax of Rs.1,50,08,688/- to the petitioner under Section 244A of the Act for the period 1/4/2001 to 28/2/2002 of Rs.13,13,260/-."

We, of course, clarify that we are not endorsing the interest calculated Meera Jadhav

2/2 208-3461--04.doc by petitioner and that the department may independently calculate the same and either pay or give credit to petitioner.

Petition disposed.

(AMIT B. BORKAR, J) (K.R. SHRIRAM, J.) Meera Jadhav