High CourtsDivision Bench(2022) 02 DEL CK 0058

Qualcomm Technologies, Inc vs Deputy Commissioner Of Income Tax Circle International Tax 3-1-1 & Ors

Delhi High Court · Decided on 9 February 2022

HON’BLE JUDGES
Manmohan, J · Navin Chawla, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2477 Of 2022

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Judgment

20 paragraphs · 262 words

Manmohan, J

C.M.No.7109/2022

Exemption allowed, subject to all just exceptions.

Accordingly, the applications stand disposed of.

W.P.(C) No.2477/2022

1.

The petition has been heard by way of video conferencing.

2.

Present writ petition has been filed seeking directions to the respondents to process the return of income, issue correct computation as well as issue

refund along with up-to-date interest for the assessment year 2018-19.

3.

Learned counsel for the petitioner states that no scrutiny assessment was undertaken for the year under consideration. She states that the

petitioner’s return of income has been processed under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the

‘Act’). She, however, states that the processing is not in accordance with law. She also states that the petitioner is being denied the

legitimate refund without any legal basis.Â

4.

Learned counsel for the petitioner states that the petitioner has filed a rectification application dated 28th May, 2020, which has not been decided till

date.

5.

Issue notice. Mr.Puneet Rai, Advocate accepts notice on behalf of the respondents. He states that there is a mismatch of the TDS certificate to

the tune of Rs.11,78,811/-.

6.

Since the deductor still has time to correct the TDS record, we grant liberty to the petitioner/assessee to approach the vendor. However, we

direct the Assessing Officer to decide the petitioner’s rectification application dated 28th May, 2020 as well as grant TDS credit and issue refund

along with up-to-date interest for the assessment year 2018-19 within twelve weeks.

7.

With the aforesaid directions, the present writ petition stands disposed of.