The Delhi High Court presided by Mr. Justice Manmohan and Ms. Justice Manmeet Pritam Singh Arora has directs revenue to decide application under section 154 within eight weeks since rectification applications pending unanswered.
The petitioner, M/S Alpha Corp Development Private Limited is a real estate development company. Petitioner has addressed several reminders seeking rectification in respect of Assessment Years 2009-10, 2011-12 to 2014-15 & 2017-18. Aggrieved by the inaction, the petitioner approached High Court seeking direction to the respondent to decide the six rectification applications preferred by the petitioner under Section 154 of the Income Tax Act.
The petitioner also seeks direction to the Respondent to refund the amount deposited at the time of filing the appeal before the CIT(A), which was allowed, along with applicable interest.
The counsel for the petitioner submitted that the tax effect of all these six rectification applications taken together is in excess of Rs.3 crore and the continued inaction in dealing with these rectification applications has resulted in huge financial resources of the Petitioner remaining locked-up.
The division bench of Delhi High Court has held that “this Court disposes of the present writ petition along with pending application with a direction to the Respondent-Revenue to decide the Petitioner’s six rectification applications in accordance with law within eight weeks. The Respondent-Revenue shall also pass the appeal effect orders for the Assessment years 2009-10 and 2012-13 within eight weeks”.
Advocate Mr. Debesh Panda, appeared on behalf of the petitioner and Mr.Sanjay Kumar, senior standing counsel for the Revenue along with Advocate Ms. Easha Kadian.
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