Where assessee paid tax by way of TDS in respect of interest paid to a bank which never accrued to said bank, such tax paid was to be refunded to assessee

HIGH COURT OF DELHI

Pasupati Acrylon Ltd. Vs Central  Board of Direct Taxes

W.P. (C) NO. 5293 of 2007

DECEMBER 9, 2010

JUDGEMENT

Manmohan, J. –

Present writ petition has been filed by the petitioner-assessee under Articles 226 and 227 of the Constitution of India praying for the following reliefs :—

(i) A writ of Certiorari or writ, order or direction in the nature of Certiorari or any other appropriate writ, order or direction under Article 226/227 of the Constitution of India, calling for the records of the case, quash impugned order dated 23-2-2007 passed by Respondent No. 3, read with intimation dated 9-5-2007 issued by Respondent No. 1 refusing to refund the tax of Rs. 40,65,917 and Rs. 51,59,393 paid by petitioner by way of TDS for assessment years 2002-03 and 2003-04.

(ii) A writ of mandamus or writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under Article 226/227 of the Constitution of India, directing Respondents particularly Respondent Nos. 1 and 2 to refund the tax of Rs. 40,65,917 and Rs. 51,59,393 paid by petitioner by way of TDS for assessment years 2002- 03 and 2003- 04.

(iii) Grant petitioner such further or other relief as this Honourable Court may deem fit and proper in the facts and circumstances of the case.