BECHTEL LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 1 2 NEW DELHI & ANR.

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W.P.(C)/2821/2025HC DelhiDLHC01011471202527 March 2025Bench: HON'BLE MR. JUSTICE VIBHU BAKHRU,HON'BLE MR. JUSTICE TEJAS KARIA2 pages
AI SummaryRemanded

What did the High Court hold?

The Delhi High Court directed the concerned authority to process the petitioner's income tax return for AY 2015-16 as expeditiously as possible, in accordance with law. The Court further stipulated that if the time period for processing the return had expired, the return must be accepted at its face value, and any refund due should be processed. The concerned authority was directed to take steps accordingly. The petition was disposed of in these terms. The Court did not explicitly decide on the merits of any specific claim for refund or interest, but rather directed the authority to process the return and refund if due, implying a procedural resolution.

What were the facts?

The petitioner, Bechtel Limited, filed a writ petition before the Delhi High Court seeking directions to the Assistant Commissioner of Income Tax to dispose of its application dated 22.10.2021 for processing its Income Tax Return for Assessment Year (AY) 2015-16. The petitioner also sought directions for the issuance of any consequential refund along with statutory interest under Section 244A of the Income-tax Act, 1961. The Revenue acknowledged that the petitioner had been pursuing the department for processing its return, but it remained unprocessed. The petitioner's counsel indicated that the time for processing the return had been extended multiple times.

What were the issues?

1. Whether the concerned authority should be directed to dispose of the petitioner's application for processing its Income Tax Return for AY 2015-16, filed on 22.10.2021. (Question of law and fact, concerning the procedural obligation of the tax authority). 2. Whether the concerned authority should be directed to issue any consequential refund along with statutory interest under Section 244A of the Income-tax Act, 1961, for AY 2015-16. (Question of law and fact, concerning the entitlement to refund and interest). Assessee's Contentions: The petitioner sought directions for the processing of its return and the issuance of any due refund with interest. The petitioner's counsel stated that the time for processing had been extended on several occasions. Revenue's Contentions: The Revenue acknowledged that the petitioner had been pursuing the department for processing its return for AY 2015-16, and it had not been processed as yet. No specific arguments were recorded for the Revenue beyond this acknowledgment.

Which sections of the Income-tax Act were involved?

Section 244A

AI-generated summary — verify with the full judgment below

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2821/2025

BECHTEL LIMITED .....Petitioner Through: Mr Deepak Chopra and Ms Priya Tandon, Advocates.

versus

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 1 2 NEW DELHI & ANR. .....Respondents Through: Mr. Debesh Panda, SSC Ms. Zehra Khan, Mr. Vikramaditya Singh, JSCs Ms Anauntta Shankar and Ms Yashika Gupta, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R %

27.03.2025

1.

The petitioner has filed the present petition, inter alia, praying as under:- “a. Direct Respondent No.1 to dispose of the application dated 22.10.2021 for processing the Return of Income of the Petitioner for Assessment Year 2015-16; b. Direct Respondent No. 1 to issue consequential refund along with statutory interest under section 244A of the Income-tax Act, 1961, due to the Petitioner for Assessment Year 2015-16; and”

2.

The learned counsel appearing for the Revenue fairly states that the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:47:18

petitioner has been pursuing the department for processing its income tax returns for the Assessment Year [AY] 2015-16, however, the same has not been processed as yet. 3. On a pointed query from the court, whether the processing of return is now barred by time, Mr Chopra, learned counsel appearing for the petitioner submits that time for processing of the return has been extended on several occasions. 4. In the given circumstances, we direct the concerned authority to process the petitioner’s income tax return for AY 2015-16 as expeditiously as possible, in accordance with law. If the time period for processing of the return has expired, the return must be accepted at its face value and the refund if due, is required to be processed. The concerned authority is directed to take steps accordingly. 5. The petition is disposed of in the aforesaid terms.

VIBHU BAKHRU, J

TEJAS KARIA, J MARCH 27, 2025 M

Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:47:18

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